0009 2 6
provide evidence to justify his prayers.2s With regard to moral prejudice, the
requirement of proof is not as rigid rather the Court can make assumptions in
the Applicant's favour.
A. Pecuniary Reparations
85.The Applicant
in his submissions on
reparations avers that prior
to
his
incarceration, he was a sugarcane farmer and his income from the sale of the
sugarcane was one (1) million Tanzanian Shillings (TZS) per month.
36.According to the Applicant he had a family before his incarceration but now
does not know where they are. He further alleges that he had a house which
was destroyed by unknown people. Lastly, the Applicant alleges that he was
framed and his conviction was for the sole purpose of destroying him and
therefore prays the Court
to grant him a total amount of one (1)
billion
Tanzanian shillings (TZS) as "compensation'.
87.The Respondent State prays the Court to reject the Applicant's prayer for
reparations.
88.The Court notes its finding that the Respondent State violated the Applicant's
right to a fair trial due to the fact that he was not afforded free legal assistance
in the course of his trials in the domestic courts. ln this regard, the Court recalls
its position on State responsibility that: "any violation of an international
obligation that has caused harm entails the obligation to provide adequate
reparation".26
25
Application No. 01 1/20'1 1 . Ruling of 1310612014 (Reparations), Reverend Chistopher R. Mtikila v. United
Republic
of
Tanzania (hereinafter refened
to as
"Reverend Chistopher
R. Mtikila v.
Tanzania
(Reparations)'), g 40, Application No. 004/2013. Judgment of 03/06/2016 (Reparations), LohE lssa Konat6
v. Burkina Faso (hereinafter referred to as "Loh6 lssa Konatd v. Burkina Faso (Reparations)'), $ 15.
26
See Reyerend Christopher Mtikila v. Tanzania (Reparations), $ 27 and Application No. 010i2015.
Judgmentof 1110512018 (Merits), Amiri Ramadhani v. United Republic of Tanzania,$83. Kenedy lvanv.
Tanzania $ 89. Lucr'en lkili Rashidi v Tanzania (Merits and Reparations) S '1 16.
22
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.y