due to his imprisonment. Citing the Court's jurisprudence in Lohé /ssa Konaté v.
Burkina Faso, the Applicant prays the Court to grant him United States Dollars
Twenty Thousand
(USD $20,000) in moral damages.
The Applicant requests
the Court to also take into account the thirteen (13) years he spent in prison.
149. In its Response, the Respondent State contends that for moral damages to be
claimed, the alleged moral prejudice should be directly caused by the facts of
the case.
It asserts that it is not the duty of the Court to speculate on the
existence, seriousness and magnitude of the moral damages claimed.
In this
regard, the Respondent State argues that the Applicant has not adduced any
proof of emotional anguish or chronic diseases suffered due to imprisonment or
in relation to his rights. To substantiate its contention, the Respondent State
claims that there is no medical certificate showing the existence of a chronic
disease suffered or emotional anguish the Applicant encountered while in prison
or following the violation of his rights.
ee
150. The
Court
notes that, moral
prejudice
involves the suffering, anguish
and
changes in the living conditions of an Applicant and his family.“ As such, the
causal link between the wrongful act and moral prejudice “can result from the
human rights violation, as a consequence thereof, without a need to establish
causality as such”.“” The
Court
has
held
previously that the evaluation
of
quantum in cases of moral prejudice must be done in fairness and taking into
account the circumstances of the case.** In such instances, awarding lump sums
would generally apply as the standard.*°
“Reverend Christopher R. Mtikila v. United Republic of Tanzania (reparations) (2014) 1 AfCLR 72 § 34.
‘7Beneficiaries of late Norbert Zongo (reparations) § 55; and Lohé Issa Konaté v. Burkina Faso
(reparations), § 58.
48Armand Guehi v. United Republic of Tanzania, § 157; Beneficiaries of late Norbert Zongo v. Burkina Faso
(reparations) (2015) 1 AfCLR 258, § 61.
48Lucien Ikili Rashidi v.United Republic of Tanzania (merits and reparations), § 116-117; Beneficiaries of
late Norbert Zongo v. Burkina Faso (reparations) (2015) 1 AfCLR 258, § 62.
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