151. The Court has already found that the Respondent Applicant's rights to free legal assistance, State has violated the and the right to be tried within a reasonable time contrary to Article 7(1)(c) and (d) of the Charter. Accordingly, there is a presumption that the Applicant has suffered some form of moral prejudice as a result of such violation. 152. With respect to the currency in which the quantum of damages will be assessed, the Court is of the view that, taking fairness into account and considering that the Applicant should not be made to bear the fluctuations inherent in financial activities, determination should be made on a case-by-case basis. As a general tule, damages should be awarded, as far as possible, in the currency in which the loss was incurred.°° 153. Accordingly, the Court exercising its discretion awards the Applicant an amount of Tanzanian Shillings Five Million Seven Hundred and Twenty-Five Thousand (TZS 5,725,000) as compensation. b. Moral prejudice to indirect victims 154. The Applicant alleges that his wife, Mrs Fatuma Bakari; son, Azizi Andrew Ambrose; mother, Ms Altha Lukwandali; his sisters Esther Ambrose and Donata Ambrose; and brothers Benjamin indirectly been affected by his Ambrose and incarceration. Barnabas He argues Ambrose have that were they emotionally distressed, suffered from emotional pain and anguish as a result of the physical condition he was forced to endure. Accordingly, he prays the Court to grant him United States Dollars Five Thousand (US$ damages for the prejudice suffered by each indirect victim 8° ucien Ikili Rashidi v. United Republic of Tanzania (merits and reparations) § 120. 42 5,000) as moral

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