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
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