calculated at United States Dollars One Thousand (USD 1,000) per month
from the day he was arrested on 14 September 2013 to the date of filing his
Application on 3 November 2018. The Applicant also prays that the Court
orders the Respondent State to pay him United States Dollars, SeventySeven (USD 77,000) for his dependants as indirect victims for moral
prejudice suffered.
81. Furthermore, he prays the Court to order the Respondent State to pay his
dependants as indirect victims, a total amount of United States Dollars
Ninety-Five Thousand (95,000) as per the following breakdown:
i.
An amount of twenty thousand dollars (USD 20,000) to his son
Rweumbiza Bonfance;
ii.
An amount of thirty thousand dollars (USD 30,000), to his wife Farida
Hussein;
iii. An amount of fifteen thousand dollars (USD 15,000) to his mother
Devina Sililo;
iv. An amount of fifteen thousand dollars (USD 15,000) to his father
Alistedes Benedicto;
v.
An amount of fifteen thousand dollars (USD 15,000), to his sister
Asimwe Alistedes.
*
82. The Court notes that moral prejudice is that which results from suffering,
anguish and from changes in the living conditions for the victim and his
family as a result of a human rights violation.34 In this regard, the Court
restates, its jurisprudence, that prejudice is assumed in cases of human
rights violations and the assessment of the amount to be awarded must be
undertaken in fairness taking into account the circumstances of the case.
34
Mtikila v. Tanzania (reparations), supra, § 34; Cheusi v. Tanzania (judgment), supra, § 150 and Viking
and Another v. Tanzania (reparations), supra, § 38; Kilagela v. Tanzania, supra, § 22.
23