ii. Moral prejudice 148. While not specifically referring to moral prejudice, the Applicant prays for the Court to order the Respondent State to pay reparations in such amount as the Court deems fit for the severe hardships that he has suffered as a result of the breach of his rights under the Charter. The Applicant also submits that he has suffered severe hardships as a result of the twelve (12) years of imprisonment, including seven (7) years on death row which severely impacted his family life. 149. The Court notes that, moral prejudice is that which results from the suffering, anguish and changes in the living conditions for the victim and his family. 72 As established in this judgment, the Applicant suffered several violations which inherently involve moral prejudice. These include imposition of the mandatory death penalty, the death row, all of them compounded by overall inhuman and degrading circumstances. The Court further observes that in the instant Application, while the death sentence is yet to be carried out, the Applicant has inevitably suffered prejudice from the established violations caused by the very imposition of the mandatory death sentence. 150. 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 held that the assessment of quantum in cases of moral prejudice must be done in fairness and taking into account the circumstances of the case.73 The practice of the Court, in such instances, is to award lump sums for moral loss.74 72 Mtikila v. Tanzania (reparations), supra, § 34; Cheusi v. Tanzania (judgment), supra, § 150 and Viking and Another v. Tanzania (reparations), supra, § 38. 73 Juma v. Tanzania (judgment), supra, § 144; Viking and Another v. Tanzania (reparations), supra, § 41 and Umuhoza v. Rwanda (reparations), supra, § 59. 74 Zongo and Others v. Burkina Faso (reparations), supra, §§ 61-62 and Guehi v. Tanzania (merits and reparations), supra, § 177. 42

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