BENEFICIARIES OF LATE NORBET ZONGO & 4 ORS V. BURKINA FASO
(REPARATIONS) 2015 1 AFCLR 258.
156. While the specific nature of the damage suffered by the Senegalese was
not articulated, however, the Court is of the opinion that any violation of
a guaranteed right necessarily wrought with it a form of damage. In the
instant case the harm/damage naturally flowing from a violation of a right
to peaceful assembly and expression of opinion is one of obvious distress,
disappointment, frustration at the truncation of the opportunity to gather
and express opinions on political matters affecting the Respondent State.
This is more so that the ban has been active for over nine years from 20
July 2011 to the time of filing this Application on 14 September 2020.
157. The damages that will be imputed to the Senegalese will be non-pecuniary
as the feelings and emotions above described are intangible and not
capable of precise financial computation. Therefore an award for moral
damages in form of an aggregate compensation in monetary form is
deserving of the people.
158. The Court is however faced with a contradiction in the pleadings of the
Applicants. On one hand they claim to institute this action in a
representative capacity on behalf of the Senegalese which is reflected in
their pleadings thus: Whereas the applicants therefore decided to file an
action before the Court of Justice of the Economic Community of West
African States against the Republic of Senegal for violation of the
fundamental rights of Senegalese citizens” DOC 1 PAGE 3.
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