76. The Court considers that in the circumstances of the case, and in the
interests of justice, the Applicant should have been afforded free legal
assistance during the trial proceedings and on appeal.
77. In the light of the foregoing, the Court finds that the Respondent State failed
to comply with its obligations under Article 7(1)(c) of the Charter, read in
conjunction with Article 14(3)(d) of the ICCPR, by failing to afford the
Applicant free legal assistance in the proceedings before domestic courts.
VIII. REPARATIONS
78. The Applicant prays the Court to grant him reparations for the violations he
suffered, to vacate the conviction and sentence against him, and to order
his release.
79. The Respondent State prays the Court to dismiss the Applicant’s request
for reparations.
***
80. The Court observes that Article 27(1) of the Protocol provides:
If the Court finds that there has been a violation of a human or peoples’
rights, it shall make appropriate orders to remedy the violation,
including the payment of fair compensation or reparation.
81. In line with its established jurisprudence, the Court considers that, in order
for reparations to be awarded, it must first be established that the
Respondent State is internationally responsible for the wrongful act.
Secondly, causation should be established between the wrongful act and
the harm alleged.21 Finally, where reparation is granted, it should fully
redress the harm suffered.
21
Marthine Christian Msuguri v. United Republic of Tanzania, ACtHPR, Application No. 052/2016,
Judgment of 1 December 2022 (merits and reparations), § 120
19