violated the Current Applicants’ right to assemble freely contrary to Article
11 of the African Charter.
REPARATIONS
87.It is a fundamental principle of international human rights law that every
right violated by a State obliges reparation. Were it not so, as observed by
the African Commission on Human and Peoples’ Rights, the “rights
guaranteed by the African Charter would be an empty proclamation if it
was not backed by the guarantee of a right to restitution or compensation
in the event of violation’.
http://www.Achpr.Org/Communications/Decision/302.05/.
88.In the instant case, the Court has held that there was a violation of the
Applicants’ rights to assembly consequently the Respondent has an
obligation to provide reparation accordingly.
89.Reparations is an overarching term that covers all types of measures a court
or human rights body may order, or a State may take, to remedy the harm
caused by a violation. Such remedies should attempt to restore the victim
to the original situation before the harm and/or compensate him/her for
damage suffered.
90.This Court summed it up when it held “A State must make full reparations
for any injury caused by an illegal act for which it is internationally
responsible. Reparation consists of full restitution of the original situation
if possible; compensation where it is not possible or satisfactory that is,
acknowledgement of or an apology for the breach, may contribute
immensely to resolving wounds from the violation.” MOUKHTAR IBRAHIM V.
GOVERNMENT OF JIGAWA STATE & 3 ORS ECW/CCJ/JUD/12/14, PARAGRAPH
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