161. The Respondent State submits that this claim for monetary compensation
has no basis, as the Applicant has not established the nexus between the
alleged violations and the harm suffered by the Applicant.
***
162. 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.40
163. The Court notes that the Applicant does not establish the link between the
violation established of his rights and his alleged loss of income and the
material and transport costs that were incurred during his judicial
proceedings. Rather, the Applicant’s claims are directly linked to his
conviction and incarceration, which this Court did not find unlawful.
164. The Court, consequently, dismisses the Applicant’s claims for reparations
for material prejudice.
ii. Moral prejudice
165. With respect to moral prejudice, the Applicant prays the Court to order the
Respondent State to Pay reparations in the amount of Twenty Million
Tanzanian Shilling (TZS 20,000,000) to the Applicant on account of moral
damage suffered.
166. The Applicant submits that he has suffered the traumatic effects of more
than six (6) years’ imprisonment as well as complete disruption of his life
due to incarceration. The Applicant alleges that he suffered tremendous
emotional distress due to the manner in which the whole trial and sentence
process was conducted, contrary to the Charter.
40
Kijiji Isiaga v. United Republic of Tanzania, ACtHPR, Application No. 032/2015, Judgment of 25 June
2021 (reparations), § 20.
38