rehabilitation of the victim, as well as measures to ensure non-repetition of
the violations and taking into account the circumstances of each case.61
152. The Court reiterates that the onus is on the Applicant to provide evidence
to justify his prayers.62 With regard to moral damages, the Court has held
that the requirement of proof is not strict63 since, it is presumed that there is
prejudice caused when violations are established.64
153. In the instant case, the Court has found that the Respondent State violated
the Applicant’s right to be heard within a reasonable time as provided under
Article 7(1)(d) of the Charter, due to the delay in commencing his trial. The
Court has also found that by the imposition of the mandatory death penalty
on the Applicant, the Respondent State violated the Applicant's right to a
fair trial as provided under Article 7(1) of the Charter, the right to life as
provided under Article 4 of the Charter and the right to dignity, as provided
for under Article 5 of the Charter.
154. It is against these findings that the Court will consider the Applicant's
prayers for reparation.
A. Pecuniary reparations
i.
Material prejudice
155. The Applicant prays the Court to grant his wife Sperata John Lazaro and his
three children, Anita John Lazaro, Eric John Lazaro and Aviness John
Lazaro material reparation. He avers that before his arrest he made
approximately Twelve Million, Six Hundred and Fifty Thousand Shilling
61
Umuhoza v. Rwanda (reparations), ibid, § 20. See also Elisamehe v. Tanzania, supra, § 96.
Kennedy Gihana and Others v. Republic of Rwanda, ACtHPR, Application No. 017/2015, Judgment
of 28 November 2019, § 139; See also Mtikila v. Tanzania (reparations), supra, § 40; Konaté v. Burkina
Faso (reparations), § 15(d); and Elisamehe v. Tanzania, supra, § 97.
63 Zongo and Others v. Burkina Faso (reparations), § 55. See also Elisamehe v. Tanzania, supra, § 97.
64 Rajabu and Others v. Tanzania, supra, § 136; Guehi v. Tanzania, supra, § 55; Lucien Ikili Rashidi v.
United Republic of Tanzania, ACtHPR, Application No. 009/2015, Judgment of 28 March 2019 (merits
and reparations), § 119; Zongo and Others v. Burkina Faso (reparations), § 55; and Elisamehe v.
Tanzania, ibid, § 97.
62
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