158. The Court also takes into account the principle that there must be a causal
link between the violation alleged and the alleged injury and puts the burden
of proof on the Applicant who must provide evidence to justify his request.43
159. The Court recalls that it has also established that “reparation 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”. Moreover, depending on the particular circumstances of each
case, reparation measures must include restitution, compensation,
rehabilitation of the victim and measures to ensure the non-repetition of
violations, taking into account the circumstances of each case.44
160. Furthermore, the Court reiterates that it has established already that
reparation measures for damage resulting from human rights violations
must take account of the circumstances of each case and the Court's
assessment is made on a case-by-case basis.45
161. The Court will consider requests for reparations bearing in mind that it
cannot order reparations measures based on allegations for which no
human rights violations have been found.
162. In the instant case, the Court notes that it has found that the law on the HJC
violates Article 26 of the Charter; that Article 413(3) of the criminal code
violates Article 9(2) of the Charter and Article 19 of the ICCPR. It also found
a violation of Article 30 of the Protocol by virtue of the Respondent’s failure
to comply with the Court's decisions.
Ibid, XYZ v. Republic of Benin, § 140.
Ibid, § 141.
45 Ibid, § 142.
43
44
42