001067
137. The
Applicant
alleges
that his arbitrary
detention
led to a loss
of his socio-
economic activities by which he provided the needs of his family. To that end, he
seeks reparation for the reason that his life plans have been shattered and that his
sources of income have not only been interrupted but also definitively lost.
i.
Material prejudice
138. The Applicant is claiming the sum of two hundred and eighty-three thousand three
hundred and thirty-three (US$ 283,333) dollars as compensation for the prejudice
suffered.
139. The Respondent State for its part submitted its. response to the Applicant's request
for reparation
on
17
January
2019;
and
relying
on
this
Court’s
jurisprudence
particularly in Mtikila v. Tanzania, argues that the Applicant must provide evidence
of his entitlement to compensation as well as of the form and estimated amount of
the remedy. It also argued that the Applicant has adduced no evidence to justify such
compensation.
140. The Respondent
State also invokes the "burden of proof" principle according to
which the Applicant must show "that it is more probable than not" that he is entitled
to the remedies sought, which in its view is not the case in this matter.
141. The Respondent State also emphasizes the established principle in international
law whereby there must be a link between
an alleged violation and the prejudice
suffered. It must be shown that the damage would never have occurred without the
alleged violation. For the Respondent State, the Applicant did not provide the needed
proof of a causal link in as much as the Respondent State did not commit any act,
omission
or negligence that would
have
resulted in a violation
of the Applicant's
rights, adding that the Applicant was instead a victim of his own attitude.