v.
Establish a serious and effective penalty to be applied against the
above-mentioned persons who fail to comply with human rights
requirements.
122. The Respondent State requests that the Application be dismissed in its
entirety.
***
123. The Court notes that Article 27(1) of the Protocol provides:
If the Court finds that there has been violation of a human or peoples’
right, it shall make appropriate orders to remedy the violation, including
the payment of fair compensation or reparation.
124. The Court considers, in line with its established jurisprudence, that for it to
award reparations, the Respondent State must have been found
internationally responsible for the wrongful act. Secondly, a causal link must
be established between the wrongful act and the alleged injury suffered. On
the other hand, when reparation is awarded, it must redress the prejudice
suffered.20
125. The Court notes that it is for the Applicant to provide evidence in support of
her claims, in particular as regards material prejudice.21 With regard to moral
prejudice, the Court considers that the requirement to provide evidence is
not strict,22 as moral prejudice is presumed whenever violations are
established.23
20 Rajabu and Others v. Tanzania (merits and reparations), supra, § 136; Armand Guéhi v. United
Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR 477, § 55 and Lucien Ikili
Rashidi v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR 13, § 119.
21 Kennedy Gihana and others v. Republic of Rwanda (merits and reparations) (28 November 2019) 3
AfCLR 655, § 139.
22 Norbert Zongo and Others v. Burkina Faso (reparations) (5 June 2015) 1 AfCLR 258, § 55.
23 Ibid.
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