108. The Court recalls its jurisprudence that for reparations to be granted, the
Respondent State should first be internationally responsible for the wrongful
act. Second, causation should be established between the wrongful act and
the alleged prejudice suffered. Furthermore, and where it is granted,
reparation should cover the full prejudice suffered. Finally, the Applicant
bears the onus to justify the claims made.35
109. The Court also recalls 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.”36
110. Measures that a State must take to remedy a violation of human rights
includes notably, restitution, compensation and rehabilitation of the victim,
satisfaction and measures to ensure non-repetition of the violations taking
into account the circumstances of each case.
111. The Court reiterates that with regard to material prejudice, the general rule
is that there must be existence of a causal link between the alleged violation
and the prejudice caused and the burden of proof is on the Applicant who
has to provide evidence to justify his prayers. Exceptions to this rule include
moral prejudice, which need not be proven, since presumptions are made
in favour of the Applicant and the burden of proof shifts to the Respondent
State.
112. In the instant case, the Court has already established that the Respondent
State violated the Applicant’s rights to fair trial guaranteed under Article
7(1)(c) of the Charter as read together with Article 14(3)(d) of the ICCPR,
with regard to its failure to provide the Applicant with free legal assistance
and Article 7(1)(c) of the Charter as read together with Article 36(1) of the
VCCR with regard to its failure to facilitate the provision of consular services.
35
Amini Juma v. United Republic of Tanzania, ACtHPR, Application No. 024/2016, Judgment of 20
September 2021 (merits and reparations), § 141; Guehi v. Tanzania, supra, § 15; Norbert Zongo and
Others v. Burkina Faso (reparations) (5 June 2015) 1 AfCLR 258, §§ 20-31.
36 Ingabire Victoire Umuhoza v. Republic of Rwanda (reparations) (7 December 2018) 2 AfCLR 202, §
20.
29
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