a house which was to have had three (3) bedrooms, construction materials
and various utensils; profits from banana cultivation (for fifteen (15) years),
onions, rice and the lease for the farm. The Applicant claims that the total
loss
incurred
amounts
to
one
hundred
and
thirty-three
million,
seven
hundred and sixteen thousand and five hundred Tanzanian Shillings (TZS
133, 716, 500).
103.
The Respondent State prays the Court to dismiss the Applicant's prayers
as
baseless
reparation,
and
for
namely:
not
complying
providing
with
evidence
establish the causal link between
the
that
the damages
applicable
damage
has
principles
of
occurred
to
and the violation and the
demonstration of the status of the victim of the violation. The Respondent
State
relies on the judgments
Christopher R.
Mtikila
of this Court in the matter of Reverend
v United
Republic
Norbert Zongo and Others v Burkina Faso
Court
of Justice
in the
Case
No.
of Tanzania
(reparations)
and
(reparations), of the ECOWAS
ECW/CCAJ/11/07,
Saidykhan
v.
The
Gambia, and of the International Criminal Court in the Case No. ICC-01-0501/08, Prosecutor v. Bemba.
RE
104.
The Court notes that, the Applicant's prayer for pecuniary reparations for
material prejudice is based on his imprisonment. The Court is of the view
that there is no link between the violations established and the material loss
which the Applicant claims he suffered as a result of his imprisonment.*° The
Applicant has also not provided evidence of his earnings before his arrest.
Furthermore,
and
most
importantly,
even
though
the
Court
has
found
violations of the Applicant's right to a fair trial, it has not concluded that he
should not have been imprisoned.
105.
Consequently, this prayer is dismissed.
80 Robert John Penessis v Tanzania, § 143; See also Alex Thomas v Tanzania (reparations), § 26;
Reverend Christopher R. Mtikila and Others v Tanzania (reparations), § 30; Lohé Issa Konaté v Burkina
Faso (reparations), § 17.
27