152. The Court notes that for reparations for material prejudice to be granted,
there must be a causal link between the violation established by the Court
and the prejudice caused and there should be a specification of the nature
of the prejudice and proof thereof.46
153. The Court notes that the Applicant has not established the link between the
violation established of his rights and his alleged loss of income. Rather, the
Applicant’s claims are directly linked to his conviction and incarceration,
which this Court did not find unlawful.
154. The Court, consequently, dismisses the Applicant’s claims for reparations
for material prejudice.
ii. Moral prejudice
155. With respect to moral prejudice, the Applicant prays the Court to order the
Respondent State to:
i.
Pay the Applicant Twelve Million Tanzanian Shillings (TSH
12,000,000) as compensation for keeping the Applicant in
restraint, after his arrest, for five days without any meal.
ii.
Pay the Applicant Ten Million Tanzanian Shillings (TSH
10,000,000) as compensation for his case not being tried within a
reasonable time.
iii. Compensate the Applicant for his children being chased from
school after him being arrested by the Respondent State’s agents,
which led to an infringement of their right to education, protected
by Article 11(2)(3) of the Respondent State’s Constitution.
iv. Compensate the Applicant for the pain of losing of his house
following the Respondent State’s violation of his rights and in
particular the failure to provide him with legal representation.
*
46
Kijiji Isiaga v. United Republic of Tanzania, ACtHPR, Application No. 032/2015, Judgment of 25 June
2021 (reparations), § 20.
37