001065
vii.
loss of social status;
viii.
limited contact with his parents.
146. The Applicant also contends that since his arrest, until 8 August 2018, the date he
filed his submissions on reparations, he has been in detention for a “period of one
hundred and two (102) months’. Relying on this Court’s jurisprudence
in /ssa Konaté
v Burkina Faso, he claims entitlement to a total amount of US$113,333 (one hundred
and thirteen thousand
three hundred
and thirty-three dollars)
in respect of moral
damage.
147. The Respondent State, for its part, reiterates its contention that a link between the
alleged
violation
and
the
prejudice
suffered
must
be
established
and
that the
Applicant must bear the burden of proof in this regard.
KK
148.
The Court
notes that the Applicant has indeed been in detention since 2010 and
that this is not disputed by the Respondent State. As such, the Court recalls its earlier
finding that the said detention was illegal and constitutes a breach of the Applicant's
right to liberty
detention
and
freedom
not only disrupts
of movement.
the normal
There
is no doubt
life of a person
that such
and jeopardizes
a long
his social
status but also causes him serious physical and moral anguish.
149. Accordingly,
the Court grants the Applicant's prayer for reparation
Article 27(1) of the Protocol for the moral prejudice suffered during
pursuant to
his detention.
The Court considers it appropriate to award him compensation in the amount of ten
million (10,000,000) Tanzanian Shillings for the moral damage he suffered to date,
and
three
hundred
thousand
(300,000)
Tanzanian
Shillings
for every
month
he
remains in detention after this judgment is notified to the Respondent State until the
date he is released.
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