ii. Moral prejudice
a. Moral prejudice suffered by the Applicant
106. The Applicant affirms that he experienced mental suffering and that his trial
was stressful.
*
107. The Respondent State submits that the Applicant’s request for reparations
be dismissed.
***
108. The Court reiterates its jurisprudence that moral prejudice is presumed in
the event of a violation of human rights. The assessment of the amount of
reparation relating thereto should be made on the basis of equity, taking into
account the particular circumstances of each case23 In this regard, the Court
has consistently awarded a lump sum.24
109. The Court emphasises that it has found that the Respondent State violated
the Applicant’s right to life and the right to dignity. It considers that the
Applicant has suffered non-pecuniary harm and is therefore entitled to
reparation for that harm.
110. The Court also notes that the Applicant’s imprisonment disrupted his life
plan. However, as it has not established that his conviction was unlawful,
the Court cannot award him reparations for the harm suffered as a result of
the imprisonment itself.
23
Zongo and Others v. Burkina Faso (reparations), supra, § 55; Ingabire Victoire Umuhoza v. Republic
of Rwanda (reparations) (7 December 2018) 2 AfCLR 202, § 59 and Jonas v. Tanzania, ibid., § 23.
24 Lucien Ikili Rashidi v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR
13, § 119; Minani Evarist v. United Republic of Tanzania (merits) (21 September 2018) 2 AfCLR 402,
§§ 84-85 and Guehi v. Tanzania (merits and reparations), supra, § 177.
25