145. The Applicant avers that he has suffered a lot of mental anguish as a result of being
first arrested, the charges being dropped and another case being opened against
him.
146. In its oral submissions, the Respondent State avers that, given that the Applicant's
conviction and sentencing are lawful, the emotional anguish is the result of his guilt
and there should be no finding of violation in this regard.
***
147. The Court notes that this claim arises as a consequence of the delayed proceedings
before domestic courts as established earlier. Having found that the consequential
delay led to the violation of the Applicant's right to have his cause heard within a
reasonable time, the Court is of the view that the present claim is a request for
reparation, which will be dealt with later on.
E. Alleged violation of Article 1 of the Charter
148. The Applicant does not substantiate his claim that the Respondent State violated
Article 1 of the Charter. The Respondent State challenges the claim without
substantiating its contention.
***
149. As this Court has consistently held, a determination on whether Article 1 of the
Charter was violated involves an examination not only of whether the domestic
legislative measures taken by the Respondent State are available but also whether
the said measures were implemented, which is that the relevant object and purpose
of the Charter was attained 42 In the same case, the Court held that if it finds that
any of the rights in the Charter is curtailed, violated or not achieved, then Article 1
is violated."
42
See Alex Thomas v. Tanzania, op. cit., §. 135; Kennedy Owino Onyachi and Charles John Mwanini Njoka
v. Tanzania, op. cit., §§. 158 and 159.
43
Ibid.
36