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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