granted, reparation should cover the full prejudice suffered. Finally, the
Applicant bears the onus to justify the claims made.38
135. The Court also reiterates that measures that a State can be ordered to 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.39
136. As the Court has earlier found, aspects of sections 6(1), 7(2) and 7(3) of the
Respondent State’s NEA violate Article 13(1) of the Charter. It is on the
basis of this finding that the Respondent State’s responsibility has been
established and the prayers of the Parties will be examined.
A. Adoption of constitutional and legislative measures
137. The Court recalls that, in appropriate cases, it has ordered State Parties to
amend their legislation in order to bring it in conformity with the Charter. For
example, the Court has previously ordered the Respondent State “to take
constitutional, legislative and all other necessary measures within a
reasonable time to remedy the violations found by the Court and to inform
the Court of the measures taken.”40 In another case, the Court ordered
Burkina Faso to “amend its legislation on defamation in order to make it
compliant with Article 9 of the Charter, Article 19 of the Covenant and Article
66(2) of the Revised ECOWAS Treaty.”41 A similar approach was adopted
by the Court in Association pour la Protection des Droits des Femmes
(APDF) and Institute for Human Rights and Development in Africa (IHRDA)
v. Mali42 as well as in Jebra Kambole v. Tanzania.43
38
Amini Juma v. United Republic of Tanzania, ACtHPR, Application No. 024/2016, Judgment of 30
September 2021 (merits and reparations), § 141; Armand Guehi v. Tanzania (merits and reparations),
§ 15; Norbert Zongo and Others v. Burkina Faso (reparations) (5 June 2015) 1 AfCLR 258, §§ 20-31.
39 Umuhoza v. Rwanda (jurisdiction), supra, § 20.
40 Tanganyika Law Society and Others v. Tanzania (merits), supra, § 126.
41 Konate v. Burkina Faso (merits), supra, § 176.
42 APDF and IHRDA v. Republic of Mali (merits and reparations) (11 May 2018) 2 AfCLR 380, § 130.
43 Kambole v. Tanzania, supra, § 118.
37