114. However, the Court having found that the Respondent State violated the
Applicants’ right to free legal assistance, contrary to Article 7(1)(c) of the
Charter, there is a presumption that both Applicants suffered moral
prejudice.
115. In assessing the quantum of damages for the violation of the Applicants’
right to free legal assistance, the Court bears in mind that it has adopted
the practice of granting applicants an average amount of Three Hundred
Thousand Tanzanian Shillings (TZS 300,000) in instances where legal aid
was not availed by the Respondent State especially where the facts reveal
no special or exceptional circumstances.33 In the circumstances, and in the
exercise of its discretion, the Court awards each of the Applicants the
amount of Three Hundred Thousand Tanzanian Shillings (TZS 300,000) as
fair compensation.
IX.
COSTS
116. The Court observes that the Respondent State prays that the costs should
be borne by both Applicants. The Court further observes that the Second
Applicant prayed that the Court order costs against the Respondent State.
***
117. The Court notes that Rule 32(2) of the Rules provides that “Unless
otherwise decided by the Court, each party shall bear its own costs, if
any”.34
118. In the circumstances, the Court does not find any reason for departing from
the stipulation in Rule 32(2) and, therefore, orders that each Party shall bear
its own costs.
33
34
Evarist v. Tanzania (merits), supra, § 90; and Paulo v. Tanzania (merits), supra, § 111.
Formerly Rule 30(2) of the Rules of 2 June 2010.
31