113. It is against this finding that the Court will consider the Applicant’s prayer for
reparations.
A. Pecuniary reparations
114. The Applicant seeks pecuniary reparations for material prejudice due to loss
of income and moral prejudice due to the violations established.
i.
Material prejudice
115. The Applicant avers that he was a businessman and provider for his parents
and relatives but he lost his business as a result of his unlawful detention.
He avers that the economic situation in the United Republic of Tanzania has
since changed and as such, when he is released, he would have to learn
how to survive in a world that is significantly different.
116. The Applicant avers that in calculating the amount of pecuniary and nonpecuniary damages, this Court should apply the principle of equity and take
into account the severity of the violation, especially the impact it has had on
his direct and indirect dependants, and the period for which he has been
imprisoned. He prays the Court to make an order for reparation that would,
at least, attempt to alleviate his suffering and that of his family.
117. The Applicant submits that in the Zongo case, this Court held that in the
absence of documentary evidence supporting a financial monetary claim
brought about as a direct violation of the Charter, then it would be
appropriate to consider the matter in terms of equity by awarding the
Applicant in pro rata amount of United States Dollar Three Hundred and
Fifty-Five Thousand Four Hundred ($355,400). The Applicant further
submits that this Court in the Zongo Case held that transport costs could be
claimed under reparations. Finally, the Applicant prays this Court to grant
printing and photocopying costs in the amount of United States Dollar Seven
Hundred ($700) and trips to and from Butimba Prison to Rwanda amounting
to United States Dollar Two Thousand ($2,000).
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