violations, compounded by overall inhuman and degrading circumstances,
inherently involve moral prejudice. The Court further observes that in the
instant Application, while the death sentence was subsequently commuted
to life imprisonment, the Applicant has inevitably suffered prejudice from
the established violations caused by the very imposition of the mandatory
death sentence and time spent on death row.
191. 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.87
The practice of the Court, in such instances, is to award lump sums for
moral loss.88
192. The Court has also previously held that a judgment finding violation of rights
protected in the Charter forms part of reparations.89 In the instant case, the
Court found a violation of Articles 4, 5, and 7(1) of the Charter, and took
judicial notice that the Applicant had already been removed from the death
row following the presidential pardon through which his death sentence was
commuted to life imprisonment. The Court thus considers that, in the
particular circumstances of this Application, its findings of violation
constitute substantial reparation as they significantly address the main
breach alleged by the Applicant.
193. Having said that, the Court considers that, as fairness requires, an
assessment of moral prejudice should take into account the period of eight
87
Juma v. Tanzania (judgment), supra, § 144; Viking and Another v. Tanzania (reparations), supra, §
41 and Umuhoza v. Rwanda (reparations), supra, § 59.
88 Zongo and Others v. Burkina Faso (reparations), supra, §§ 61-62 and Guehi v. Tanzania (merits and
reparations), supra, § 177.
89 Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, §
173; Armand Guéhi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2
AfCLR 477, § 194; Reverend Christopher Mtikila v. United Republic of Tanzania (reparations) (13 June
2014) 1 AfCLR 72, § 45.
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