the physical and emotional pain and trauma endured by the Applicant
throughout the duration of the trial and imprisonment. He asserts that he
has been in prison for almost nine (9) years and has suffered from many
sleepless nights worrying over whether he will ever be released.
131. The Applicant also submits that he has lost his social status and standing in
the community due to his unlawful detention. He claims that his health has
deteriorated significantly as a result of him being imprisoned under
unfavourable prison conditions. The Applicant further submits that the
ailments he suffers from include, but are not limited to, malaria and skin
diseases.
132. Citing Loayza Tamayo v. Peru, the Applicant submits that a disruption in
one’s life plan has also been ruled to entitle one to reparations, which is the
in the present case as a result of his arrest, trial and subsequent
imprisonment. He argues that he has failed to achieve his plans and goals
as his life was disrupted by the unlawful detention.
*
133. The Respondent State did not make a submission on this claim
***
134. The Court recalls its established jurisprudence where it has held that moral
prejudice is presumed in cases of human rights violations, and the quantum
of damages in this respect is assessed based on equity, taking into
consideration the circumstances of the case.38 The Court has thus adopted
the practice of granting a lump sum in such instances.39
38
Zongo and Others v. Burkina Faso (reparations), supra, § 55; lngabire Victoire Umuhoza v. Republic
of Rwanda (reparations) (7 December 2018) 2 AfCLR 202, § 59; Christopher Jonas v. United Republic
of Tanzania, Application No. 011/2015, Judgment of 25 September 2020 (reparations), § 23.
39 Lucien lkili Rashidi v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR
13, § 119; Evarist v. Tanzania (merits), supra, §§ 84-85; Guehi v. Tanzania (merits and reparations),
supra, § 177; Jonas v. Tanzania, ibid, § 24.
33
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