135. The Court has established that the Applicant’s rights under Article 6 of the Charter and under Article 7(1)(c) of the Charter as read together with Article 14(3)(d) of the ICCPR were violated. The Applicant is entitled to moral damages because there is a presumption that the Applicant suffered some form of moral prejudice due to the said violations.40 136. The Court notes that the violations established relate to the guarantees of a fair trial that should have been observed during the domestic proceedings involving the Applicant. The record shows that the Applicant’s conviction was based on the fact that he had raped a minor and therefore the violations established relate to the outcome of the proceedings. 137. The Court further notes that the disruption of life plan is related to the Applicant’s incarceration and conviction, for which the Court has already established violations. In the light of these circumstances, and whilst exercising its discretion in equity, the Court awards the Applicant the amount of Tanzanian Shillings Three Hundred Thousand (TZS 300,000) for the moral prejudice he suffered as a result of the inter-related violations established.41 B. Non-pecuniary reparations i. Release from Prison 138. The Applicant prays the Court to quash his conviction and sentence and order his releases from prison. Citing the case of Cohre v. Sudan, the Applicant avers that the Respondent State should take all necessary and urgent measures to ensure protection of victims of human rights violations including taking measures to ensure that victims of human rights abuses are given effective remedies, including restitution and compensation. The Applicant further submits that he cannot be returned to the state he was 40 41 Cheusi v. Tanzania, supra, § 151. John v. Tanzania, ibid, § 123. 34

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