this amount reflects moral or non-pecuniary damages which ought to be proportionate to the gravity of the violation and the suffering of the Victim. They state that any award should also include material damages, including past and potential future costs for medical treatment, medical, psychological and social services, legal or other expert assistance; loss of earnings and loss of earning potential; and lost opportunities, including employment. 336. The Complainants submit that the Victim suffered serious violations of nonderogable rights, including the right to be free from torture for a period of over 15 years. In addition to the physical pain, the Victim suffered severe psychological pain, humiliation and injustice. They add that he could not be a father to his young children and see them grow into adults, which the Complainants aver is a particularly egregious harm that resulted from his unlawful, arbitrary and unjustifiable detention. 337. The Complainants submit that the requested monetary compensation is consistent with comparable awards from other human rights bodies and international bodies, taking into consideration the prolonged duration of the violations and the serious rights at issue, as well as awards from Egyptian domestic courts. 338. The Complainants aver that in 2010, the ECOWAS Community Court of Justice awarded USD 200, 000 to a man who was arrested, detained and tortured by Gambian agents for 22 days in violation of the African Charter.132 The Complainants state that in 2012, the International Court of Justice awarded USD 85, 000 in non-pecuniary damages, in a case involving the unlawful arrest and detention for 72 days, as well as expulsion of a Guinean national by DRC in violation of the African Charter and the ICCPR.133 339. The Complainants also submit that in a case involving the arbitrary detention of an applicant for almost 13 years, during which time he was tortured and separated from his family, the Inter-American Court of Human Rights awarded the applicant USD 100, 000.134 The Complainants add that the European Court of Human Rights has also awarded 100, 000 Euros (USD 124, 000) in two cases involving torture, unlawful detention of less than one year, and illegal transfer of applicants suspected of terrorism offences.135 It has also awarded 60, 000 Euros (USD 74, 550) for non-pecuniary damages resulting from torture, unlawful detention of 23 days, and illegal transfer.136 340. The Complainants submit that the requested sum is consistent with awards by Egyptian domestic courts in cases of torture and unlawful detention. The Complainants aver that in 2012, a Cairo Court of Appeal fined the Ministry of Musa Saidykhan v. The Gambia (2010) ECOWAS Community Court of Justice (Suit No, ECW/CCJ/AAP/11/07), paras 45 – 47. 133 Ahmadou Sadio Diallo (Republic of Guinea v. DRC) (2012) ICJ Compensation Judgment, para 25. 134 Bayarri v. Argentina (2008) IACtHR, paras 168 – 170. 135 Al Nashiri v. Poland (2014) ECHR (Application No. 28761/11), para 595 and Husayn (Zubaydah) v. Poland (2014) ECHR (Application No. 7511/13), para 566. 136 El Masri v. Macedonia (2012) ECHR (Application No. 39630/09), para 270. 132 55

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