held that the purpose of reparations is to, as much as possible, place the
victim in the situation prior to the violation.34 The Court has further held, with
respect to moral prejudice, that it exercises judicial discretion in equity in
determining the award.35 In such instances, the Court has adopted the
practice of awarding lump sums.36
A. Pecuniary reparations
123. The Court notes that the Applicant prays the Court to grant him moral
damages for the prejudice that ensued from the violation of his rights. As
established in this judgment, the Applicant suffered several violations which
inherently involve moral prejudice. These include imposition of the
mandatory death penalty, a lengthy pre-trial detention, the death row, all of
them compounded by overall inhuman and degrading circumstances.
124. In similar instances, this Court has found that such circumstances
unequivocally warrant moral damages which it has, in equity, assessed to
the tune of Tanzanian Shillings Four Million (TZS 4,000,000) to Tanzanian
Shillings Five Million (TZS 5,000,000).37 The Court finds that there is no
peculiar reason to depart from this range of awards in the present
Application. However, in respect of circumstances and substantive findings
of this Court, the present Application shares greater similarities with that of
Gozbert Henerico v. Tanzania. Against these considerations, the Court
awards the Applicant moral damages and therefore grant the Applicant
moral damages to the tune of Tanzanian Shillings Seven Million (TZS
7,000,000).
34
Amini Juma v. Tanzania, ibid, § 143.
Amini Juma v. Tanzania, ibid, § 144; Armand Guehi v. Tanzania, ibid, § 181; Lucien Ikili Rashidi v.
United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR 13, § 119.
36 Amini Juma v. Tanzania, idem; Armand Guehi v. Tanzania, ibid, § 177.
37 Amini Juma v. Tanzania, ibid, §§ 152-158; Gozbert Henerico v. Tanzania, ibid, §§ 185-189.
35
33