Alleged Violation of the right of the Senegalese to assembly and freedom of expression. 152. Though the Court has held that the rights of the Senegalese to assembly and freedom of expression were violated by the ban on political demonstrations, they have not identified the harm or damage they suffered, the basis upon which the Respondent challenged the relief for compensation claimed by the Applicants. 153. The Applicants assert in their submission that freedom of expression includes freedom to disseminate one’s opinion regardless of the means of expression. That carrying out a demonstration is a means of expression which is protected by law because it is a means of expressing one’s opinions. They state that they do not have the possibility of fully expressing their opinions because of the prohibition imposed by the Ministerial Order of 20 July 2011. 154. The Court in this wise is not unmindful of the fact that compensation may be for pecuniary or non-pecuniary damages. With regards to pecuniary damages, they are awarded as redress for tangible harm, injury or loss which are capable of monetary calculations. Where pecuniary damages are claimed, a victim or applicant must provide documentary evidence of losses incurred by him/her including receipts, proof of ownership of property, proof of employment and payment of salaries etc. 155. Non-pecuniary damages or moral damages as it is sometimes called seek to compensate victims for suffering, including the psychological harm, anguish, grief, sadness, distress, fear, frustration, anxiety, inconvenience, humiliation, and reputational harm caused by the violation. 46

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