1
B) Claims for repara tion of moral prejudi ce1
1) The Applic ants, natura l person s
32. In their Brief on Reparations, the
Applicants, natural persons , namely : the
and
beneficiaries of Norbert Zongo, Abdou laye Nikiema alias Ablasse , Ernest Zongo,
l and
Blaise llboudo , are claiming reparation essentially on account of the "pain, physica
emotional suffering and trauma " suffered by them "throughout the duration of the lengthy
legal procedure, which is entirely ascribable to Burkinabe authorities."
tion
33. They pointed out that "to wait for nearly eight years for a hypothetical notifica
a
from the court to be able to provide the Judge with information likely to help him follow
... "to
line of enquiry to track down the perpetrators of the assassination of one's relatives"
ates
wait endless hours in front of the chambers of counsel and/or investigating magistr
over'
in search of news about these persons " ... "and spend sleepless nights 'brooding
for the
the difficulties encountered on a daily basis in the quest for the truth" have been,
beneficiaries, "ordeals to which it is almost impossible to 'attach' a cost".
be a
34. They further stated that even if the Judgment of 28 March 2014 may in itself
tory
form of reparation , "the length of the judicial proceedings, the suffering and persecu
of the
treatment that they caused , the changes that they brought about in the life
of the
beneficiaries and, above all, the situation of impunity enjoyed by the perpetrators
ry
assassination of Norbert Zongo and his companions, - all justify the grant of moneta
nts]
compensation, based on the principle of equity ... which could give them [the Applica
the feeling of a fair reparation for the prejudice suffered ".
35. They underscored in this regard that they had categorically refused the social welfare
cover in the form of feeding , healthcare and education as well as a special
"any
allowance offered by the Respondent State in 1999, because they did not want
been
support from the State as long as the perpetrators of the assassination had not
brought to book before Burkinabe courts.
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one of
The Applicants are refernng to "non-pecuniary damages", whereas in reality, the 1ssue IS
application for "pecuniary" damages for "moral" prejudice .
12