material prejudice he suffered and how this is linked with the violation of his
rights under the Charter.
*
137. For its part, the Respondent State reiterated its prayer that the Applicant’s
request be dismissed.
***
138. Given the Applicant’s failure to first, specify his material prejudice, and
second, to prove the same, the Court dismisses the prayer for reparations
for material prejudice.
ii. Moral prejudice
139. The Applicant does not expressly request the Court to grant reparations for
moral prejudice; he simply prays for the Court to grant him reparations.
*
140. The Respondent State submits that the Applicant’s conviction and
subsequent sentencing were a result of his actions and therefore he is not
entitled to any reparations.
***
141. In line with its established case law, moral prejudice is presumed in cases
of human rights violation. In this case, the Court notes, the quantum of
damages is assessed based on equity, taking into account the
circumstances of the case.48
142. In the instant Application, the Court finds that the Applicant suffered
violations which involve moral prejudice. These include imposition of the
mandatory death penalty and the time he continues to spend on death row
48
Zongo and Others v. Burkina Faso (reparations), supra, § 55; Umuhoza v. Rwanda (reparations),
supra, § 59; Christopher Jonas v. Tanzania (reparations), supra, § 23.
33