151. The Court has already found that the Respondent
Applicant's
rights to free legal assistance,
State has violated
the
and the right to be tried within a
reasonable time contrary to Article 7(1)(c) and (d) of the Charter. Accordingly,
there is a presumption
that the Applicant
has suffered
some
form
of moral
prejudice as a result of such violation.
152. With respect to the currency in which the quantum of damages will be assessed,
the Court is of the view that, taking fairness into account and considering that
the Applicant should not be made to bear the fluctuations inherent in financial
activities, determination should be made on a case-by-case basis. As a general
tule, damages should be awarded, as far as possible, in the currency in which
the loss was incurred.°°
153. Accordingly, the Court exercising its discretion awards the Applicant an amount
of Tanzanian Shillings Five Million Seven Hundred and Twenty-Five Thousand
(TZS 5,725,000) as compensation.
b.
Moral prejudice to indirect victims
154. The Applicant alleges that his wife, Mrs Fatuma
Bakari; son, Azizi Andrew
Ambrose; mother, Ms Altha Lukwandali; his sisters Esther Ambrose and Donata
Ambrose;
and
brothers
Benjamin
indirectly
been
affected
by
his
Ambrose
and
incarceration.
Barnabas
He
argues
Ambrose
have
that
were
they
emotionally distressed, suffered from emotional pain and anguish as a result of
the physical condition he was forced to endure. Accordingly, he prays the Court
to grant
him
United
States
Dollars
Five Thousand
(US$
damages for the prejudice suffered by each indirect victim
8° ucien Ikili Rashidi v. United Republic of Tanzania (merits and reparations) § 120.
42
5,000)
as moral