126. The Court also recalls that the measures a State may take to remedy a
human rights violation include restitution, reparation, victim rehabilitation
and measures to ensure that violations do not recur, taking into account the
circumstances of each case.24
127. In the present case, the Court has established that the Respondent State
violated the Applicant’s right to a fair trial in relation to the challenge of the
provisions of Article 236 of the Penal Code. The Court will examine claims
of reparation in respect of these violations.
A. Pecuniary reparations
i.
Material prejudice
128. The Applicant makes various prayers for pecuniary reparations in respect
of material prejudice.
129. While it does not make any specific prayer regarding material prejudice; the
Respondent State prays that the Application be dismissed in its entirety.
130. The Court however notes that it has not, in the present judgment, made any
findings or established any violations in relation to the Applicant’s prayers
on material prejudice.
131. Accordingly, the Court does not deem it necessary to make any finding on
reparation for material prejudice.
ii. Moral prejudice
132. The Applicant makes various prayers for pecuniary reparations in respect
of moral prejudice.
24 Ingabire Victoire Umuhoza v. Republic of Rwanda, (reparations) (7 December 2018) 2 AfCLR 202, §
20.
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