previously, the purpose of reparations is to place the victim in the situation
he/she would have been in but for the violation.28
111. In relation to material loss, the Court recalls that it is the duty of an applicant
to provide evidence to support his/her claims for all alleged material loss.
In relation to moral loss, however, the Court restates its position that
prejudice is assumed in cases of human rights violations and the
assessment of the quantum must be undertaken in fairness looking at the
circumstances of the case. 29 As such, the causal link between the wrongful
act and moral prejudice “can result from the human rights violation, as a
consequence thereof, without a need to establish causality as such”.30 The
practice of the Court, in such instances, is to award lump sums for moral
loss.31
112. The Court acknowledges that although Article 27 empowers it to “make
appropriate orders” to remedy the violation of human rights, in line with its
jurisprudence, it can only order the release of a convict in exceptional and
compelling circumstances. Such exceptional circumstances could exist
where the Court finds that the Applicant’s conviction was based entirely on
arbitrary considerations such that his continued imprisonment would be a
miscarriage of justice.32
113. In respect of both Applicants, the Court confirms that they have failed to
demonstrate the existence of any exceptional circumstances that would
necessitate ordering their release. The Applicants’ prayers for release are,
therefore, dismissed.
(reparations) (3 June 2016) 1 AfCLR 346, §§ 52-59 and Reverend Christopher R. Mtikila v. United
Republic of Tanzania (reparations) (13 June 2014) 1 AfCLR 72, §§ 27-29.
28 Lucien Ikili Rashidi v. United Republic of Tanzania (28 March 2019) 3 AfCLR 13, § 118 and Zongo
and Others v. Burkina Faso (reparations), supra, § 60.
29 Guehi v. Tanzania (merits and reparations), supra, § 55; and Rashidi v. Tanzania (merits and
reparations), supra, § 58.
30 Zongo and Others v. Burkina Faso (reparations), supra, § 55; and Konaté v. Burkina Faso
(reparations), supra, § 58.
31 Zongo and Others v. Burkina Faso (reparations), supra, §§ 61-62.
32 William v. Tanzania, supra, § 101 and Makungu v. Tanzania, supra, § 84.
30