62. The Applicant further contends that if the Court in its Judgment recognises his
wife and children as vicarious victims, it should award them reparation taking into
account its jurisprudence on the matter. He refers to the amount awarded by the
Court in Application No. 013/2017: Sébastien Germain Ajavon v. Republic of
Benin and prays the Court to review its decision by re-evaluating the amount of
reparation for non-pecuniary damage suffered by his wife and children to an
amount higher than the amounts awarded to the wife and each of the children of
Mr. Sébastien Germain Ajavon.
63. He further submits that the Court failed to take into account all the mental suffering
he endured for more than twenty-six (26) years as a result of the violations of his
rights as captured in paragraphs 435 and 486 of the initial application and
therefore must award him fair reparation equivalent to the duration of his suffering
and the gravity of the violations of his rights. He alleges that the moral suffering
he endured during these twenty-six (26) years, of which more than ten were spent
in prison, is heavier than those of Sébastien Germain Ajavon who was never in
prison. For all these considerations, he requests the Court to review its judgment
of 2 December 2021 and award him the amount of Three Billion (3,000,000,000)
CFA francs as reparation for the moral damage he suffered.
*
64. The Respondent State submits that there is no basis for the Applicant to rely on
a situation that is supposedly comparable to his in order to request a review of the
amount of reparation for the non-pecuniary damage that he and his family
members allegedly suffered. It further contends that the Court should dismiss the
Applicant's request as it does not rule by comparing similar situations.
***
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