155. The Respondent State argues that any claim for compensation for suffering that
the indirect victims might have undergone is not justifiable because the Applicant
has
not
submitted
any
document
to prove
the existence
of a relationship
between him and the indirect victims and there is no connection between the
prejudice
suffered
by the indirect victims
and
the violation
suffered
by the
Applicant.
156. Relying
on
the
Court's
judgment
in Lucien
Ikili Rashid
v
Tanzania,
the
Respondent State further asserts that indirect victims must prove their relation
to the Applicant in order to be entitled to damages.
The Respondent
State
submits that, since the Applicant failed to submit a marriage certificate, birth
certificate or any document showing the level of dependency or previous record
of dependency
of the alleged
indirect victims on him, there is no causal link
between the said indirect victims and the prejudice suffered.
ee
157. With
regard
to the
moral
prejudice
suffered
by
indirect
victims,
the
Court
reiterates its jurisprudence as established as regards indirect victims that, to be
entitled to reparations, the indirect victins must prove their filiation with the
Applicant. An Applicant's parentage should be proved with a birth certificate or
any other equivalent proof; spouses must produce their marriage certificate or
any other equivalent proof; the siblings must provide a birth certificate or any
other equivalent document attesting to their filial link with the Applicant®’.
158. In the instant case, the Court notes that the Applicant provided the names of his
wife,
son,
mother
and
siblings,
but has
not provided
any
evidence
of their
identification and proof of his filiation with the alleged indirect victims.
1 Ibid § 135; Alex Thomas v. United Republic of Tanzania (reparations), § 51; Wilfred Onyango Nganyi and
9 Others v. United Republic of Tanzania § 71; Mohamed Abubakari v. United Republic of Tanzania, § 60;
Armand Guehi v. United Republic of Tanzania (merits and reparations) §§ 183 and 186.
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