ii. Moral prejudice
216. The Applicants pray the Court to order the Respondent State to pay a token
one (1) CFA franc as reparation for the moral prejudice suffered by the
Applicants.
*
217. The Respondent State did not submit on this point.
***
218. The Court recalls its constant jurisprudence that presumes the occurrence
of moral damage in case of a violation of human rights.75 In fact, moral
damage can be considered an inevitable consequence of the violation,
without the need to prove it by any other means.76
219. The Court also notes that the determination of the amount to be awarded
for moral damage is made on the basis of equity, taking into account the
circumstances of each case.77
220. The Court finds that having established the violations, there is no reason why it
should not grant the symbolic one CFA franc requested by the Applicants as
reparation for moral prejudice.
221. Accordingly, the Court grants the Applicants’ request to be paid a symbolic franc
as reparation for the moral prejudice suffered and orders the Respondent State
to pay to each Applicant a token one CFA franc.
b. Non-pecuniary reparations
222. The Applicants make several submissions on reparations to the Court,
75
Guéhi, supra, § 55 ; Konaté (reparations), supra, § 58.
Zongo (reparations), supra, § 55; Konaté (reparations), supra, § 58.
77 Zongo, ibid, § 55; Konaté, ibid, § 58; Guéhi, ibid, § 55.
76
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