circumstances of the case. 53 The Court adopted the practice of affording lump sums
in such circumstances. 54
178. With respect to the request for payment of US Dollars Twenty Thousand ($20,000)
for moral damage suffered by the Applicant, the Court notes that the claims relating
to long imprisonment, emotional anguish during trial and imprisonment, disruption
of life plan, loss of social status and lack of interaction with his family in Cote d'ivoire
are based on the alleged unfair trial and sentencing. This Court has earlier found
that the only right of the Applicant which was violated in relation to fair trial is that
to be tried within a reasonable time. The Court has however concluded that the said
violation did not affect the conviction, sentencing and imprisonment of the
Applicant. Regarding other claims, they are the lawful consequence of the
conviction and sentencing of the Applicant. The reliefs sought cannot therefore be
granted as they are not justified by any violation.
179. The Court notes that the same request for compensation is based on chronic
illnesses and poor health due to lack and failure of treatment, physical and
psychological abuse, and delayed trial. The Court further notes that the Applicant
does not adduce evidence that the Respondent State denied him medical attention
or its agents subjected him to abuse. As the Court found earlier, the actions
complained of related to restrictions which are inherent to detention and
imprisonment. The related claims are therefore dismissed.
180. In relation to the same request for compensation in respect of the alleged inhuman
and degrading treatment, this Court has earlier found that the Respondent State
violated the Applicant's right due to deprivation of food. Based on the fact that this
violation lasted ten days and on the basis of equity, the Court grants the Applicant
moral damages in the amount of US Dollars Five Hundred ($500).
181. On the compensation claim for delayed proceedings, the Court earlier found that
the Respondent State violated the Applicant's right to have his cause heard within
a reasonable time. The Respondent State did not justify the delay of at least one
53
54
See Norbert Zanga and Others v. Burkina Faso (Reparations), op.cit., §. 61.
See Norbert Zongo and Others v. Burkina Faso (Reparations), op.cit., §. 62.
43