x.
Set up a fund for advocacy and services in the interests of PWA with
participation of PWA in its design, establishment and implementation;
and
xi. Provide other symbolic reparations as the Court deems appropriate.
362. The Respondent State prays the Court to dismiss the prayers on reparations
as “baseless, misconceived and untenable; and to deny the request for
publication.”
***
363. Article 27(1) of the Protocol stipulates that “[i]f the Court finds that there has
been violation of a human or peoples’ right, it shall make appropriate orders
to remedy the violation, including the payment of fair compensation or
reparation.”
364. The Court recalls its earlier judgments and restates its position that, “to
examine and assess applications for reparation of prejudices resulting from
human rights violations, it takes into account the principle according to
which the State found guilty of an internationally wrongful act is required to
make full reparation for the damage caused to the victim”.103
365. The Court also restates that reparations “… must, as far as possible, erase
all the consequences of the wrongful act and restore the state which would
presumably have existed if that act had not been committed.”104
366. The measures that a State may take to remedy a violation of human rights
include: restitution, compensation and rehabilitation of the victim, as well as
measures to ensure non-repetition of the violations taking into account the
circumstances of each case.105
103
Abubakari v. Tanzania (merits), supra, § 242 (ix), Ingabire Victoire Umuhoza v. Republic of Rwanda
(reparations) (7 December 2018) 2 AfCLR 202, § 19.
104 Mohamed Abubakari v. United Republic of Tanzania (reparations) (4 July 2019) 3 AfCLR 334, § 21;
Alex Thomas v. United Republic of Tanzania (reparations) (4 July 2019) 3 AfCLR 287, § 12; Wilfred
Onyango Nganyi and 9 others v. United Republic of Tanzania, (reparations) (4 July 2019) 3 AfCLR 308,
§ 16.
105 Umuhoza v. Rwanda (reparations), supra, § 20.
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