is not as rigid” since it is assumed that there was prejudice caused when
violations are established.”?
98. The Court will consider the Applicant's claims for compensation on the
basis of the above-mentioned principles.
A.
Pecuniary reparations
99. The Court has already found that the Respondent State has violated the
Applicant's right to free legal assistance
contrary to Article 7(1)(c) of the
Charter.
i.
Material prejudice
100.
The
Applicant
claims
that
his
parents
who
are,
originally
from
Kilimanjaro, settled in Mto wa Mbu, Monduli District since 1951. In 1974, on
the Government's directive, they moved to Majengo, where they lived until
1990, when they returned to their home village in Kilimanjaro, where his
father gave him “the family plot measuring 58m by 39m” which had a rustic
building. The Applicant claims that he also received from his brother, Mr.
Samwel
Elisamehe, “a farm with permanent crops as banana plants and
mango trees measuring 94m
101.
[by] 56m’.
The Applicant claims that, following his conviction, his wife had to return
to her village, which led to the loss of the aforementioned rustic building
which
he had
started
rehabilitating.
According
to the Applicant,
under
Tanzanian law, leaving a rustic building unoccupied for ten (10) years shall
result in its loss and all inherent rights.
102.
The Applicant claims to have lost both the rustic building and the farm;
two (2) houses with their respective furnishings; furniture; the foundation of
28 Norbert Zongo v Burkina Faso (reparations), § 55.
29 See Ally Rajabu and Others v United Republic of Tanzania, AfCHPR, Application No. 007/2015,
Judgment of 28 November 2019, § 136; Armand Guehi v Tanzania (merits and reparations), § 55;
Lucien tkili Rashidi v United Republic of Tanzania, AfCHPR, Application No. 009/2015, Judgment of 28
March 2019 (merits and reparations), § 58; Norbert Zongo and Others v Burkina Faso (reparations), §
55.
26