*
127. The Respondent State prays the Court to dismiss all of the Applicant’s
prayers.
***
128. The Court recalls its well-established jurisprudence that moral prejudice is
presumed when a violation is established. When granted, the quantum of
reparations is determined in all fairness, taking into account the
circumstances of each case.24
129. The Court notes that in the instant case, the Respondent State violated the
Applicant’s right to a fair trial insofar as its courts failed to deliver their
decision in open court in respect namely of Judgment No. 31528 of the Tunis
Court of Appeal of 12 March 2013 and Judgment No. 45501/46360 of the
Supreme Court of 4 December 2017.
130. The Court considers that this violation caused the Applicant moral prejudice.
In the circumstances, and in the exercise of its discretion, the Court awards
him the sum of Six Hundred Tunisian Dinars (TDS 600) for prejudice he
suffered.
B. Non-pecuniary reparations
i.
Publication of the judgment
131. The Parties do not make specific prayers in respect of publication of the
judgment.
***
24 Zongo and Others v. Burkina Faso (reparations), supra, § 55; Umuhoza v. Rwanda (reparations),
supra, § 59; Christopher Jonas v. United Republic of Tanzania (reparations) (25 September 2020) 4
AfCLR 545, § 23.
29