prejudice and proof thereof.25 The Court has also held that an Applicant
bears the burden of providing evidence in support of his allegations.26
91. In relation to material prejudice, the Court further recalls that it is the duty of
an applicant to provide evidence to support his/her claims for all alleged
material loss.
92. In the present case, the Court observes that the Applicant merely makes
claims and therefore does not substantiate his claims. For this reason,
therefore, the Court dismisses the Applicant’s request to be paid the sum of
Tanzanian Shillings One Million and Twenty Thousand (TZS 1 020 000) as
reparation for material prejudice.
ii. Moral prejudice
93. The Court notes that moral prejudice is that which results from suffering,
anguish and from changes in the living conditions for the victim and his
family as a result of a human rights violation.27 In this regard, the Court
restates, in line with its jurisprudence, that prejudice is assumed in cases of
human rights violations and the assessment of the amount to be awarded
must be undertaken in fairness taking into account the circumstances of the
case. 28
94. The causal link between the wrongful act and moral prejudice “can result
from the human rights violation, as a consequence thereof, without a need
25
Nguza Viking (Babu Seya) and Another v. United Republic of Tanzania (reparations) (8 May 2020) 4
AfCLR 3, § 15 and Kijiji Isiaga v. United Republic of Tanzania, ACtHPR, Application No. 011/2015,
Judgment of 25 June 2021 (reparations), § 20.
26 Msuguri v. Tanzania (merits and reparations), supra, § 122; Elisamehe v. Tanzania (merits and
reparations), supra, § 97 and Guehi v. Tanzania (merits and reparations), supra, § 15.
27 Mtikila v. Tanzania (reparations), supra, § 34; Cheusi v. Tanzania (judgment), supra, § 150 and Viking
and Another v. Tanzania (reparations), supra, § 38.
28 Guehi v. Tanzania (merits and reparations), supra, § 55; and Rashidi v. Tanzania (merits and
reparations), supra, § 58.
22
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