ii. Moral prejudice
99. The Applicant made a general prayer for reparations without making specific
submissions on pecuniary reparations for moral prejudice. Nevertheless, as
established in this judgment, the Applicant suffered several violations which
inherently involve moral prejudice. The Court further observes that in the
instant Application, as the Applicant is in detention awaiting execution of the
death sentence, he has inevitably suffered prejudice from the established
violations. These violations result from the very imposition of the mandatory
death sentence as well as the method of execution of the death sentence,
namely by hanging.
100. In light of the foregoing, the Court holds that the Applicant is entitled to moral
damages as there is a presumption that he has suffered some form of moral
prejudice as a result of the above-mentioned violations. The Court has
previously held that the assessment of quantum in cases of moral prejudice
must be done in fairness, taking into account the circumstances of the
case.34 The practice of the Court, in such instances, is to award lump sums
for moral prejudice.35
101. The Court has also previously held that a judgment finding violation of rights
protected under the Charter forms part of reparations.36 In the instant case,
the Court found a violation of Articles 4 and 5 of the Charter. The Court
holds that such findings constitute substantial reparation as it significantly
addresses the main breach alleged by the Applicant.
102. The Court, in the judicial exercise of its discretion, awards the Applicant
moral damages in the sum of Tanzanian Shillings Three Hundred Thousand
(TZS 300,000).
34
Juma v. Tanzania (judgment), supra, § 144; Viking and Another v. Tanzania (reparations), supra, §
41 and Umuhoza v. Rwanda (reparations), supra, § 59.
35 Zongo and Others v. Burkina Faso (reparations), supra, §§ 61-62 and Guehi v. Tanzania (merits and
reparations), supra, § 177.
36 Reverend Christopher R. Mtikila v. United Republic of Tanzania (judgment) (14 June 2013) 1 AfCLR
34, §§ 45; Cheusi v. Tanzania, supra, 173; Guehi v. Tanzania, ibid, 194.
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