001345
VI
An Order for reparations
vii. Any other Order or remedy that this Honorable Court may deem
fit.'
131.
The Applicants further pray the Court to grant compensation to them and
their family members for both material and moral prejudice as stated under the
section of this Judgment on the prayers of the Parties.
132.
The Respondent State prays the Court to dismiss all the prayers made
by the Applicants for reparation as they are unjustified and not supported with
evidence.
133.
The Court considers that,
as it has consistently
held, for reparations to
be granted, the Respondent State should first be internationally responsible of
the wrongful act. Second, causation should be established between the
wrongful act and the alleged prejudice, Furthermore, and where it is granted,
reparation should cover the full damage suffered. Finally, the Applicant bears
the onus to justify the claims made.37
134.
As this Court has earlier found, the Respondent State violated the
Applicants' rights to life and dignity guaranteed under Articles 4 and 5 of the
Charter respectively. Based on these findings, the Respondent State's
responsibility and causation have been established. The prayers for reparation
are therefore being examined against these findings.
37
See Armand Guehiv. Tanzania (Merits and Reparations), S 157. See also, Norbeft Zongo and Others
v. Burkina Faso ((Reparations) (2015) I ArcLR 258, SS 20-31, Lohe Bsa Konate v. Burkina Faso
(Reparations) (2016) 1 AfCLR 346, $$ 52-59; and Reverend Chtistopher R. Mtikila v. Tanzania
(Reparations), SS 27-29
37