there must be evidence establishing a causal link between the facts and the
prejudice suffered.45
120. In the instant Application, the Court notes from the record that the Second
Applicant has failed to adduce evidence on his alleged material losses and
does not explain how he arrived at the figures being claimed.
121. Consequently, the Court dismisses the prayer for reparations for material
prejudice.
ii. Moral prejudice
122. The Second Applicant does not specifically request the Court to grant
reparations for moral prejudice. However, as was indicated above, the
Applicant prayed in general terms that the Court should grant him
reparations. Further, the Second Applicant prayed the Court to “restore
justice where it was overlooked”. Accordingly, the Court will examine
whether he is entitled to moral damages.
123. In line with established case-law that moral prejudice is presumed in cases
of human rights violations, the Court notes that the quantum of damages in
this respect is assessed based on equity, taking into account the
circumstances of the case.46 The Court has, thus, adopted the practice of
granting a lump sum in such instances.47
124. In the present Application, the Court has established that the Second
Applicant’s right to legal assistance under Article 7(1)(c) of the Charter as
read together with Article 14(3)(d) of the ICCPR has been violated; as well
Mtikila v. Tanzania (reparations), supra, § 30 and Robert John Penessis v. Tanzania (merits and
reparations) (2019) 3 AfCLR 593, §§ 143-144.
46 Norbert Zongo and Others v. Burkina Faso (reparations) (5 June 2015) 1 AfCLR 258, § 55; Ingabire
Victoire Umuhoza v. Republic of Rwanda (reparations) (7 December 2018) 2 AfCLR 202, § 59 and
Christopher Jonas v. Republic of Tanzania (reparations) (25 September 2020), 4 AfCLR 545, § 23.
47 Lucien Ikili Rashidi v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR
13, § 119; Evarist v. Tanzania (merits), supra, §§ 84-85; Guehi v. Tanzania (merits and reparations),
supra, § 177 and Jonas v. Tanzania, supra, § 24.
45
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