83. As already established in this judgment, the Applicant’s right to a fair trial
has been violated by the Respondent States failure to provide him with free
legal assistance to pursue his case before the domestic courts.
84. In light of the foregoing, the Court holds that the Applicant is entitled to moral
damages as there is a presumption that he has suffered some form of moral
prejudice as a result of the above-mentioned violation. The Court has held
that the assessment of quantum damages in cases of moral prejudice must
be done in fairness while taking into account the circumstances of the
case.35 The practice of the Court, in such instances, is to award lump sums
for moral loss.36
85. ln view of all of the above, the Court awards the Applicant the sum of Three
Hundred Thousand Tanzania Shillings (TZS 300,000) as moral damages.
86. Regarding the prayer for reparations for his indirect victims, the Court notes
that the Applicant has failed to adduce documentary proof to show filiation
such as marriage or birth certificates for his dependants or any equivalent
proof,37 nor has he provided evidence of the material prejudice claimed,
such as receipts. The Court thus dismisses the prayer of the Applicant in
this regard.
B.
i.
Non-pecuniary reparations
Prayer to set aside the conviction and sentence, and for release
87. The Applicant prays the Court to set aside his conviction and sentence; and
order his release from prison.
35
Juma v. Tanzania (judgment), supra, § 144; Viking and Another v. Tanzania (reparations), supra, §
41 and Umuhoza v. Rwanda (reparations), supra, § 59.
36 Zongo and Others v. Burkina Faso (reparations), supra, §§ 61-62 and Guehi v. Tanzania (merits and
reparations), supra, § 177.
37 Abubakari v. Tanzania (reparations), § 60; Thomas v. Tanzania (reparations), § 50; Onyango v.
Tanzania (reparations), supra, § 71; Zongo and Others v. Burkina Faso (reparations), § 54; Lucien Ikili
Rashidi v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR 13, § 135;
and Léon Mugesera v. Republic of Rwanda (judgment) (27 November 2020) 4 AfCLR 834, § 148.
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