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which need not be proven, presumptions are made in favour of the Applicant and
the burden of proof shifts to the Respondent State.
A. Pecuniary reparations
Materia! prejudice
140. The Applicants made
a general claim for compensation without specifying the
nature thereof or providing evidence. The Respondent state did not make
submissions on this issue.
141. The Court therefore dismisses this claim
ii.
Moral prejudice
142. The Applicants seek compensation and any other orders that the Court may deem
fit to grant without specifying the amounts sought. The Respondent State prays that
the court dismisses the Application and make any orders it deems necessary.
'143. The Court notes that an individual's identity and sense
of belonging is intrinsically
tied to the social, physical and political connections that they have with their country
of origin. The Court further notes that the arbitrary revocation of the Applicants'
passports resulted in the violations found against the Applicants. Since 14 May ZO12
when the said passports were arbitrarily revoked, the Applicants have been unable
to leave their country of residence and to travel back to their country of origin and to
other countries. This has adversely affected the aforementioned connections that
the Applicants had with their country of origin. The Court finds that this caused them
emotional anguish and despair, occasioning them moral prejudice, therefore this
entitles them to reparation.
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/d