*
120. The Respondent State submits that the Applicant’s prayers be dismissed.
***
121. In line with its established case law, moral prejudice is presumed in cases
of human rights violation. The quantum of damages, in this connection, is
assessed based on equity, taking into account the circumstances of the
case.31
122. In the instance Application, the Court finds that the violations suffered by
the Applicant involve moral prejudice. These include imposition of the
mandatory death penalty and the time he continues to spend on death row
both of which are compounded by overall inhuman and degrading
circumstances on death row. While the death sentence is yet to be carried
out, the Applicant has inevitably suffered prejudice from the established
violations caused by the very imposition of the mandatory death sentence.32
123. Given the circumstances of the case, and in light of the Court’s
jurisprudence that a judgment in favour of a victim is in itself a form of
satisfaction and a reparation for moral damages,33 the Court, in its
discretion, awards the Applicant Tanzanian Shillings Three Hundred
Thousand (TZS 300,000) for moral damages suffered.
B. Non-pecuniary reparations
i.
Quashing of conviction
124. The Applicant prays the Court to “quash the whole proceedings of the high
court and the court of appeal …”.
31
Zongo and Others v. Burkina Faso (reparations), supra, § 55; Umuhoza v. Rwanda (reparations),
supra, § 59; Jonas v. Tanzania (reparations), supra, § 23.
32 Damian v. Tanzania (merits and reparations), supra, § 149.
33 Christopher Mtikila v. United Republic of Tanzania (reparations) (13 June 2014) 1 AfCLR 72, § 45.
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