iii. Payment of reparations in the amount of TSH100 000 000.00 (a
hundred million Tanzanian shillings) for each, on account of moral
damage suffered to compensate the Applicants for the loss in their
dignity and reputation, as well as physical, mental and emotional
harm;
iv. Rehabilitation of the Applicant Bahati Mtega who is HIV positive in
order to receive proper medical and psychological care;
v.
The Applicants also pray that the Respondent is ordered to amend
its laws to ensure respect for dignity as enshrined under Article 5
of the African Charter on Human and Peoples Rights by removing
the corporal punishment in her statute books.
*
81. The Respondent State, for its part, prays the Court to dismiss the matter in
its entirety.
***
82. In the instant case, the Court has established that the Respondent State
has violated the Applicants’ right to dignity, by reason of prescribing and
applying corporal punishment, as well as the right to a fair trial by denying
the Applicants free legal assistance during proceedings before domestic
courts. It is in respect of these violations that it must assess the reparations
due.
A. Pecuniary reparations
i.
Material prejudice
83. As established in its jurisprudence, for the Court to grant reparations for
material prejudice, there must be a causal link between the violation
established and the prejudice suffered.37 It is thus important that there
should be specification of the nature of the prejudice and proof thereof.
37 Kadumbagula and Another
v. Tanzania (merits and reparations), supra, § 116.
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