copies per month; it pointed out that in the absence of evidence on the existence
of the said income and its loss, and specific information allowing for evaluation of
the amounts thereof, the Court should calculate the said amounts on the basis of
equity and scale down the compensation to be paid to the Applicant to 500,000
CFA Francs.
32. On the loss of property, the Respondent State submits that according to
international and regional human rights protection mechanisms, the burden of
proof lies with the Applicant; that in the complete absence of proof as to the
existence of items he alleges to have lost, the purchase of new equipment and
the causal link between the loss and the actions of the Respondent State, no
compensation should accrue to the Applicant; and that consequently, it prays the
Court to dismiss the claim as unfounded .
33. As regards the expenses incurred by his family as a result of his detention , the
Respondent State argued that the said expenses are generally not supported by
any documents.
34. On the amount of 160,000 CFA Francs, said to have been paid to secure permits
for visits by members of the family, the Respondent State argues that the
Applicant himself knows that only Legal Officers are empowered to issue permits
to visit detainees and not prison wardens; that if the Applicant preferred to bribe
the latter for his wife to visit him , he cannot seek reimbursement, and cannot
invoke his own flaws as an excuse.
35. The Respondent State made the same observation regarding the payment for the
transfer of the Applicant to a more ventilated part of the prison. It argues that this
kind of conduct is tantamount to corruption or collusion and therefore that, same
as the preceding prayer and for the same reasons, it was requesting the Court to
dismiss the claims as manifestly unfounded .
36. After recalling that the Applicant did not adduce any evidence attesting to the
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expenses incurred by his family, the Respondent State stated in conclusion that
it would defer to the wisdom and dec::on of the Court.
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