163. The Applicants assert that today they have all aged, that they are tired and
frustrated owing to the Respondent State’s bad faith. For all this moral
damage they pray the Court to award each of the two Applicants the sum of
Five Hundred Million (500,000,000) CFA Francs.
*
164. The Respondent State contends that it did not violate any of the Applicants’
rights and therefore the Applicants did not suffer any damage. The
Respondent Sate prays the Court to dismiss the claim for moral damage.
***
165. The Court recalls its jurisprudence that there is a presumption of moral
prejudice suffered by an applicant when the Court finds that his rights have
been violated, such that there is no need to seek to establish the link
between the violation and the harm suffered. The Court has also held that
the assessment of the amounts to be awarded as reparation for moral
damage should be made on equitable basis taking into account the
circumstances of each case.29
166. In the instant case, the damage suffered by each of the Applicants results
from the Court’s finding of a violation of their right to execution of a court
decision guaranteed in Article 7(1)(d) of the Charter.
167. Accordingly, the Court awards the Applicants the lump sum of Three Million
(3,000,000) CFA Francs as reparation for the moral harm they suffered.
29
Ajavon v. Benin (reparations) (2019), supra, § 89; Kobena Fory v. Côte d'Ivoire (merits and
reparations), supra, § 102.
39