1:13:
The Court, recalling its earlier judgments, reiterates the fact that:
to examine and assess claims 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.*4
114. The Court also recalls that the purpose of reparation being restitutio in integrum
it “... 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.”95
115.
Measures
include:
that a State can
restitution,
measures
to
compensation
ensure
take to remedy
and
non-repetition
a violation of human
rehabilitation
of the
violations
of the victim,
taking
into
as
rights
well
account
as
the
circumstances of each case.*®
116.
Itis against the above enumerated principles that the Court will consider the
claim for reparations by the Applicant.
A. Adoption of constitutional and legislative measures
117.
The Court recalls that, in appropriate cases, it has ordered State Parties to
amend
example,
their legislation
the
constitutional,
Court
in order to bring
has
previously
it in conformity with the Charter.
ordered
the
legislative and all other necessary
Respondent
State
“to
For
take
measures within a reasonable
time to remedy the violations found by the Court and to inform the Court of the
measures taken.”®” In a different case, the Court ordered Burkina Faso to “amend
34) Mohamed Abubakari v. United Republic of Tanzania, AfCHPR, Application No. 007/2013, Judgment of
4 July 2019 (reparations) § 19 and Majid Goa alia Vedastus and another v. Tanzania, AfCHPR, Application
No. 025/2015, Judgment of 26 September 2019 (merits and rteparations) § 81.
35 Majid Goa v. Tanzania (merits and reparations) § 82 and Wilfred Onyango Nganyi and 9 others v.
Tanzania (merits) , § 16.
36 Ingabire Victoire Umuhoza v. Rwanda (jurisdiction) § 20.
37 Tanganyika Law Society and others v. Tanzania (merits)§126.
31