Non-pecuniary damages
33. The Applicant is also claiming moral damages occasioned
by stress
and subsequent harm worsened by various instances of police searches
on him, and loss of the opportunity to participate effectively in the affairs
of
his
country.
Hundred
and
This
claim
Thirty
One
amounts
Million,
to
831,
Three
322,
637.00
TZS,
and
Twenty
Hundred
(Eight
Two
Thousand, Six Hundred and Thirty Seven Tanzania Shillings).
34. The term ‘moral’ damages
the suffering
and
in international law includes damages for
afflictions caused
distress of the family members
conditions of the victim,
and
to the direct victim,
non-material
if alive, and the family.
the emotional
changes
in the living
Moral damages
are not
damages occasioning economic loss
35.
In
its
jurisprudence,
the
Commission
has
recommended
compensation for torture and trauma suffered.® The Inter-American Court
has developed the concept of non-pecuniary damage and has established
that it “may include both the suffering and distress caused to the direct
victims and their next of kin, and the impairment of values that are highly
significant to them,
as well as changes of a non-pecuniary nature in the
living conditions of the victims or their family.”°
36.
The
damages
European
(or moral
Court
of Human
damages)
Rights
will
award
on the basis of equitable
non-pecuniary
consideration.
5 See Note 3 above.
-
°1ACHR Case of Villagran Morales et al. v Guatemala— Case of de los “Street
a
Children”,
Reparations and Costs. Judgment of 26 May 2001. Series C No 77,
pS
paragraph 84.
A
V
@ L-