001064
b.
150.
Prejudice suffered by the Applicant’s mother
The Applicant also indicated that his mother as an indirect victim suffered as a
result of her son's absence on account of the unlawful detention. According to the
Applicant,
"it was
he
COFFEE,
which
was
absence.
His mother
who
managed
illegally seized
suffered
the
and
physical,
family's
exploited
mental
coffee
plantation,
for other
BUGUMA
purposes
during
his
and moral distress for losing
her
illegally imprisoned son. The moral suffering of knowing that he was involved in a
criminal case is a nightmare. The social stigma of having a son labelled a criminal is
morally exhausting. The financial implications of his arrest were heavy. She spent a
lot of money
seeking justice for her son, frequenting various ministries, especially,
that of Home Affairs".
151. The Applicant accordingly requests the Court to grant US $261,111
and sixty-one thousand
one
hundred
(two hundred
and eleven dollars) to his mother,
Georgia
Penessis, as an indirect victim.
152.
For the
Respondent
relationship between
State,
him
the Applicant
has
not provided
any evidence
and any indirect victim, and thus that there
of a
is also no
evidence showing that indirect victims suffered as a result of his detention.
RK
153. The Court notes that according to its established jurisprudence, members
of an
applicant’s family who suffered either physically or psychologically from the prejudice
suffered by the victim are also considered as “victims” and may also be entitled to
reparation.**
33 Norbert Zongo and Others v. Burkina Faso (Reparations) (2015) 1 ATCLR 258 § 46.