84. In the instant Application, the Applicants have not specified any material
prejudice that could be said to have arisen as a result of the violations
established by the Court. The Court, therefore, does not make any award
for material prejudice.
ii. Moral prejudice
85. As the Court has stated before, reparations for moral prejudice are due
when individuals suffer mental or physical anguish as a result of conduct
attributable to states.38
86. In the present case, the Court has established that the Respondent State
violated the Applicants’ rights to a fair trial and dignity. These violations
necessitate the award of reparations to compensate the Applicants for the
moral prejudice suffered. In this regard, the Court notes that the Applicants
have prayed for the sum of TZS100 000 000 (One Hundred Million
Tanzanian Shillings) each as damages for moral prejudice.
87. The Court finds that a lump sum award would, in the present case, be
adequate reparations for the moral prejudice suffered by the Applicants. It
does not, however, agree with the Applicants’ prayer for TZS100 000 000,
which it finds to be exorbitant. The Court, therefore, in the exercise of its
equitable jurisdiction, awards each of the Applicants the sum of Three
Hundred Thousand Tanzanian Shillings (TZS 300,000) for the moral
prejudice suffered as a result of violations of the right to fair trial and dignity.
38 Nguza Viking and Another v. United Republic of Tanzania (reparations) (8 May 2020) 4 AfCLR 3, §
38.
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