OCI0895
134. The Applicant also prays the court to award US Dollars Fifteen Thousand (g
15,000) to the identified indirect victims namety: Ms. Adete Mutobe (wife), and
Seraphin Mutuza lkili, Papy lkili, Berthe lkili, Frederic lkili, Azama lkili, Carine lkili,
Lucien lkili, Marie lkili, Peter lkili, Faustin lkili, Asha tkiti, Kisubi lkili and Julienne
lkili (children), for the loss suffered, including the emotional pain and anguish as
a result of the Applicant's arrest, detention, torture and deportation, considering
he was the breadwinner of the family.
135. The court considers, regarding this prayer, that as it has held in the Zongo
case,
indirect victims must prove their relation to the Applicant to be entiled to
damages. Spouses should produce their marriage certificate and life certificate
or any other equivalent proof, and children should produce their birth certificate
or any other equivalent evidence to show proof of their filiation.ze
136. The court notes that, in support of this claim, the Applicant provides a list, which
includes the names
of his wife and children as earlier reproduced without
adducing any of the aforementioned pieces of evidence of relation to the alleged
indirect victims.
137. The Court considers however that in the instant case, the fact that the Applicant
had a wife and children at the time of the violations is established. This fact is
expressly and consistenfly acknowleged by the Respondent state in its
submissions. The same fact is confirmed in the judgment delivered by the High
Court of Tanzania in Civil Case No. 1 18 of 2007, although this decision referred
to only "seven children"30 and expressly identified the wife as .Adela Lucien',, and
two of the children as "Rashid Kazimoto" and "Vicent Rashid".31 As a
consequence, there is a prima facie relation of the Applicant to these alleged
victims, and the latter are therefore entitled to reparation if any is granted by this
Court.
2s
/dem, g 54.
so
See Luclen lkili Rashid v. Musa Ruban
Jerome Msewa, Permanent Secretary, Min istry of Home
Affairs, and Aftorn ey General
Co
of Tanzania, Dar es Salaam, Civil Case No 118 of 2007,
Judgment of 2 Jan uary 2014
31 ldem, page
7.
Yf'*q
JJ