ii. Moral prejudice suffered by the Applicant
159. The Applicant avers that he suffered severe hardships as a result of the
violation of his rights under the Charter in the course of his arrest and
conviction and 16 years of imprisonment, including 9 years on death row.
He further argues that the years of incarceration caused him severe distress
and anguish, and significantly affected his physical and mental wellbeing.
He submits that while in prison, he has been treated for a number of
conditions associated with the trauma and distress owing to the violation of
his basic human rights. He prays the Court to order reparations be paid to
him in such amount as the Court deems fit.
160. The Applicant submits that in the Konate case, the Court awarded USD
20,000 as compensation for moral damages to Konate who spent time in
prison for 12 years. He therefore submits that having spent over 17 years in
prison, he should be granted seventeen times more the amount awarded
the Konate. He therefore, prays the Court to grant him USD 340,000
equivalent to TZS 788, 610, 620.
*
161. The Respondent State prays that the prayer for reparations be dismissed.
***
162. The Court recalls its jurisprudence in Armand Guehi v. United Republic of
Tanzania, where, due to a delay in the commencement of the Applicant’s
trial, it held that “in the circumstances of this case where the Applicant was
accused of murder and faced the death sentence, such delay is also likely
to have caused anguish. The prejudice that ensued warrants compensation,
which the Court has discretion to evaluate based on equity”.68
68
Guehi v. Tanzania, supra, § 181.
44