118. The Court recalls Article 27(1) of the Protocol which provides that:
If the Court finds that there has been violation of a human or peoples’
rights, it shall make appropriate orders to remedy the violation including
the payment of the fair compensation or reparation.
119. The Court notes, in line with its consistent case-law, that for reparations to
be granted, the Respondent State should first be found internationally
responsible for the wrongful act and that causation should be established
between the wrongful act and the harm allegedly suffered. Furthermore, and
where granted, reparation should cover the full damage suffered.19
120. The Court recalls that it has established that the burden of proof for a claim
for damages resulting from a violation of a human right rests with the
Applicant. The Court reiterates that it is the responsibility of the Applicant to
provide evidence of his claims.20 As for moral damages, the Court considers
that the requirement of proof is not strict,21 since it is assumed that moral
prejudice occurs when violations are established.22
121. The Court further reiterates its jurisprudence that measures to be taken by
a Respondent State to address a human rights violation may include
restitution, compensation and rehabilitation of the victim, as well as
measures of non-repetition, taking into account the circumstances of each
case.23
19 Ally Rajabu and Others v. United Republic of Tanzania (merits and reparations) (28 November 2019)
3 AfCLR 539, § 136; Guehi v. Tanzania (merits and reparations), supra, § 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) (5 June 2015) 1 AfCLR 258, § 55; and Kalebi Elisamehe v.
Tanzania (merits and reparations), § 97.
20 Kennedy Gihana and Others v. Republic of Rwanda (merits and reparations) (28 November 2019) 3
AfCLR 655, § 139; Reverend Christopher R. Mtikila v. United Republic of 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 Elisamehe v. Tanzania (merits and reparations), supra, § 97.
21 Zongo and Others v. Burkina Faso (reparations), supra, § 55; Elisamehe v. Tanzania (merits and
reparations), ibid, § 97.
22 Ibid.
23 Ingabire Victoire Umuhoza v. Republic of Rwanda (reparations) (7 December 2018) 2 AfCLR 202, §
20; Elisamehe v. Tanzania, supra, § 96.
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