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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