138. The Court reiterates that the onus is on the Applicant to provide evidence in
support of his/her allegation.46 With regard to moral damages, the Court has
consistently held that it is presumed and that the requirement of proof is not
strict.47
139. The Court also restates that the measures that a State can take to remedy
a violation of human rights includes restitution, compensation and
rehabilitation of the victim, as well as measures to ensure non-repetition of
the violations, considering the circumstances of each case.48
140. In the instant Application, the Applicant’s claims for pecuniary reparations
are quoted in United States Dollars. As the Court has established, generally,
damages will be awarded in the currency of the State in which loss was
incurred.49 ln the instant Application, therefore, the Court will apply this
standard and monetary reparations, if any, will be assessed in Tanzanian
Shillings.
141. As this Court has earlier found, the Respondent State violated the
Applicant’s right to life, right to dignity and right to a fair trial, guaranteed
respectively under Articles 4 and 5 and 7 of the Charter. The Court,
therefore, finds that the Respondent State’s responsibility has been
established. The prayers for reparations will, therefore, be examined against
these findings.
46
Kennedy Gihana and others v. Rwanda (merits and reparations) (28 November 2019) 3 AfCLR 655,
§ 139; See also Reverend Christopher R. Mtikila v. Tanzania (reparations) (13 June 2014) 1 AfCLR 72,
§ 40; Lohé Issa Konaté v. Burkina Faso (reparations) (3 June 2016) 1 AfCLR 346, § 15(d); and Kalebi
Elisamehe v. Tanzania (merits and reparations), § 97.
47 Ally Rajabu and Others v. Tanzania (merits and reparations), § 136; Armand Guehi v. Tanzania (merits
and reparations), § 55; Lucien Ikili Rashidi v. United Republic of Tanzania (merits and reparations) (28
March 2019) 3 AfCLR 13, § 119; Norbert Zongo and Others v. Burkina Faso (reparations), § 55.
48 Ingabire Victoire Umuhoza v. Republic of Rwanda (reparations) (7 December 2018) 2 AfCLR 202, §
20. See also, Kalebi Elisamehe v. Tanzania, (merits and reparations), § 96.
49 See, Lucien lkili Rashidi v. Tanzania (merits and reparations), § 120 and lngabire Victoire Umuhoza
v. Rwanda (reparations), § 45.
40