A. Pecuniary reparations
142. The Court has already found that the Respondent State violated the Applicant's
tights to free legal assistance, and the right to be tried within a reasonable time
contrary to Article 7(1)(c) and (d) of the Charter, respectively.
i.
Material prejudice
143. The Applicant claims that as a result of his incarceration, his health declined,
that he lost his job as a metal mechanic, and suffered financial loss and that his
life plans have been severely disrupted. He claims that the indirect victims he
has listed in his claim for reparations, that is, his wife, son, mother, two (2)
sisters, and two (2) brothers incurred financial loss by constantly visiting him in
prison. The Applicant claims United States Dollars Five Thousand (US$ 5,000)
as material prejudice suffered by his wife. He also prays the Court to grant him
United States Dollars two thousand (US$ 2,000) for legal fees he incurred during
the proceedings in the domestic courts.
144.
The
Respondent
State
contends
that
the
Applicant
has
not adduced
any
evidence to substantiate the life plan he had and how this was disrupted; the
Applicant has not adduced any document to substantiate the ownership of any
property that has been disposed of; and the Applicant has neither adduced nor
established any social status he had prior to his arrest. The Respondent State
further avers that the Applicant cannot claim to have lost his social status while
he has not even produced any evidence to show what social status he had prior
to his arrest and imprisonment. The Respondent State also argues that the
Applicant did not provide any evidence to support his claim that he incurred legal
costs in the national courts.
we
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