00 0 896
notes that the claim is not supported with evidence. The prayer is consequenfly
dismissed
ii.
a
Non-material loss
Loss incurred by the Applicant
130. The Court notes that the Applicant requests
for compensation in the tune of
Tanzania shillings Eight Hundred Miltion (Tzs B0o,oo0,o0o) for inhuman and
degrading treatment, and US Dollars Twenty Thousand ($ 20,ooo) for the pain
and anguish he suffered.
131. The Court recalls that violation of the right
to dignity is a grave breach that
diminishes humanity. ln the instant matter, the conditions in which the Applicant
was arrested and the consequences that ensued, especially with respect to his
family, were detrimental to his well-being, reputation and honor. However, the
amounts claimed by the Applicant are excessive. The Court deems it fair to grant
the amount of Tanzania Shillings Ten Miflion (TZS
b.
1O,OO0,O0O).
Loss incurred by the Applicanfs family
132. The Applicant requests for compensation in the tune of Burundian Franc Eighty
Million (FBU 80,000,000) for the arbitrary prosecution of his family in Criminat
Case No. 765 of 2006 in respect of their residence.
133. The court observes that upon the intervention of the DRC Embassy in Dar es
Salaam, the Respondent State withdrew the case and atlowed the Applicant to
stay for seven (7) years while he agreed to his family leaving the country. The
Court is of the view that it runs contrary to that agreement and good faith to find
against the Respondent State while it brought the said prosecution to an end to
the satisfaction of the Applicant. Furthermore, that claim was not substantiated
as a consequential violation. The Court therefore declines the request for
compensation
32