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HumanRightsocc
Human and Peoples' Rights
Collective Responsibility
amount for material damage. They merely made a general request to the Commission
to award any other damages it deemed appropriate.
iii)
The causal link and the damage caused
226. The Commission notes that there must be a causal link between the violations
found and the non-material and material damage claimed. With regard to moral
damages, the Commission shares the opinion of the African Court in Zongo , in which
it considered that whenever there is a violation, there will be moral damage, as an
automatic consequence, without the need for any proof or demonstration.72 In the
present case, where the violation of the African Charter has been found, non-material
damage is presumed and the causal link is also established automatically.
227. With respect to material damage, the Commission notes that the Complainants
claim the expropriated land and any other reparation that the Commission deems
appropriate. Regarding the land claimed, the Commission considers that the
expropriation of land from the Maasai of Kedong (damage) is the natural consequence
of the violation of Article 14 of the African Charter, and therefore the causal link is thus
established.
228. In relation to other material damages arising from the violations found, because
the Complainants do not specifically claim them, their demonstration and the
respective causal link will be made at the national level.
c) On the apology
,,
229. The Commission notes that the Complainants ask for an apology from the
authorities. The Commission notes that the apology is one of the forms of satisfaction,
normally ordered in the context of violations that jeopardize the honor and reputation
of individuals, or massive violations of a certain level of gravity. However, the
Complainants do not make a specific demonstration of the need for an apology.