established and the loss. No proof of the claimed monthly earnings was
lodged with the Court to support their assertions.
128. The Court, therefore, dismisses the Applicants’ claims for reparations for
material prejudice.
ii. Moral prejudice
129. In respect of moral prejudice, the Applicants claim that they suffered “harm,
pain and suffering, including mental anguish, humiliation and sense of
injustice”, for which they seek compensation. Specifically, they point out that
they have suffered eighteen (18) years imprisonment as well as complete
disruption of their lives due to their incarceration. The Applicants also claim
the sum of Thirty Thousand United States Dollars (US$30 000) for
themselves and Eight Thousand Unites States Dollars (US$8 000) for each
indirect victim as reparations for the moral prejudice suffered.
*
130. Without specifically addressing the Applicants’ claims for reparations for
moral prejudice, the Respondent State prayed the Court to dismiss the
Applicants’ claim.
***
131. The Court recalls its case-law where it has held that moral prejudice is
presumed in cases of human rights violations and the quantum of damages
in this respect is assessed based on equity, taking into account the
circumstances of the case.51 One option that the Court has utilised in this
connection has been to grant a lump sum.52
Zongo and Others v. Burkina Faso (reparations), supra, § 55; Umuhoza v. Rwanda (reparations),
supra, § 59; Jonas v. Tanzania, supra, § 23.
52 Rashidi v. Tanzania (merits and reparations), supra, § 119; Evarist v. Tanzania (merits), supra, § § 8485; Guehi v. Tanzania (merits and reparations), supra, § 177.
51
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