ii.
Moral prejudice
106.
The Applicant claims that his arrest led to the dissolution of his marriage
and
called
into question
his reputation,
since
no one
in Tanzania
would
believe him and as such he would
not be able to find a job or apply for any
position,
chief.
including
that of village
He
claims
that
all these
issues
caused him suffering, especially, after he learned of the death of his former
wife.
107.
The Respondent State argues that “there is no proof that the Applicant
suffered from emotional
harm
as argued...”
and that for the Applicant to
prove emotional harm “there ought to be a medical certificate to that effect.”
KK
108.
The Court considers that, as earlier found, the violation of the Applicant’s
right to free legal assistance is assumed to have caused moral prejudice to
the Applicant. The Court, therefore,
in exercising its discretion,
the Applicant an amount of Tanzanian
Shillings Three
Hundred
awards
to
Thousand
(TZS 300,000) as fair compensation.*"
B.
Non-pecuniary reparations
109.
The Applicant prays the Court to quash his conviction and sentence, and
order his release from prison. The Respondent State does not specifically
respond to this prayer.
110.
With respect to the Applicant's request for his conviction to be quashed,
the Court reiterates its jurisprudence that it does not examine
matters
of fact
and
law
that
national
courts
are
entitled
to
details of
address.*?
Therefore, this prayer is dismissed.
31 See Anaclet Paulo v Tanzania (merits), § 107; and Minani Evarist v Tanzania (merits), § 85.
52 See Mohamed Abubakari v Tanzania (merits), § 28; and Minani Evarist v Tanzania (merits), § 81.
28