82. The Court reiterates that the onus is on the Applicant to provide evidence in
support of his prayers, in particular with regard to material prejudice.22 With
regard to moral prejudice, the Court has held that the requirement of proof
is not strict 23 since prejudice is presumed when violations are established.24
83. The Court also recalls that the measures that a State may take to remedy a
violation of human rights can include restitution, compensation and victim
rehabilitation as well as measures to ensure non-repetition of the violations,
taking into account the circumstances of each case.25
84. In the instant case, the Applicant seeks pecuniary (A) and non-pecuniary
(B) reparations. The Court will now address each of the two limbs of
reparations claimed by the Applicant.
A. Pecuniary Reparations
85. The Applicant seeks pecuniary reparation for the material prejudice which,
according to him, the Respondent State’s actions caused him. In this regard,
he prays the Court to consider and calculate the amounts to be awarded
based on per capital income and the duration of his detention.
86. The Respondent State prays the Court to dismiss the Applicant's request for
reparation, including the payment of fair compensation or reparation under
22.
Kennedy Gihana and Others v. Rwanda (merits and reparations) (28 November 2019) 3 AfCLR
655, § 139; see also Reverend Christopher R. Mtikila v. United Republic of Tanzania (reparations) (13
June 2014) 1 AfCLR 72, § 40; Lohé Issa Konaté v. Burkina Faso (reparations) (3 June 2016) 1 AfCLR
346, § 15(d) and Elisamehe v. Tanzania, supra, § 97.
23 Norbert Zongo and Others v. Burkina Faso (reparations) (5 June 2015) 1 AfCLR 258, § 55; see also
Elisamehe v. Tanzania, supra, § 97.
24 Ally Rajabu and Others v. United Republic of Tanzania (merits and reparations) (28 November 2019)
3 AfCLR 539, § 136; Armand Guehi v. United Republic of Tanzania supra, § 55; Lucien Ikili Rashidi v.
Tanzania supra, § 119; Zongo and Others v. Burkina Faso (reparations) supra, § 55 and Elisamehe v.
Tanzania, supra, § 97.
25 Ingabire Victoire Umuhoza v. Republic of Rwanda (reparations) (7 December 2018) 2 AfCLR 202, §
20; Elisamehe v. Tanzania, supra, § 96.
20