001063
154.
In the instant case, the Applicant contends that his mother suffered as a result of
his prolonged detention resulting in the loss of their family coffee plantation which
was their sole source of income. He also avers that she too suffered from physical,
mental and moral distress as a result of the detention of her son.
155. The Court notes that in the natural and normal order of family relationships, it is
reasonable to assume that a mother would suffer psychologically as a result of the
arrest and long detention of her son. As long as the relationship is established, the
Court will rely on this presumption,
to consider and grant compensation
for such
suffering.
156.
In the
present
Application,
the
Court
takes
note
of the
Respondent
State’s
contention that the Applicant has not provided any evidence of relationship between
him and an indirect victim. However, the Court recalls that during the public hearing,
a woman
named Anastasia Penessis who claimed to be the mother of the Applicant
appeared before the Court.
157. The Court further notes that during the public hearing,
Applicant's Counsel that the woman
it was
indicated by the
in question was ready to undertake a DNA test
to prove that she is the mother of the Applicant. The Respondent State did not take
up the offer to undertake a DNA test, pointing out that a DNA test was not proof of
the Applicant’s nationality or citizenship. In the circumstance and taking into account
the mention of the witness's name on the Applicant's birth certificate as his mother
and as a citizen of Tanzania, the Court finds that the woman who appeared before it
is the mother of the Applicant and accordingly is entitled to compensation.
158. The
Court
is of the opinion
that the
unlawful
and
prolonged
detention
of the
Applicant has undoubtedly had consequences on the moral condition of his mother.
Consequently, Court grants the Applicant's prayers for reparation for his mother as
an indirect victim, and orders the Respondent State to pay her the sum of Five Million
(5,000,000) Tanzanian Shillings.