VIII. REPARATIONS
128. The Applicant prays that the Court grant him reparations for the violations
he suffered including quashing his conviction and sentence and ordering his
release.
*
129. The Respondent State prays that the Court should dismiss the request for
reparations contending that the Applicant was convicted and sentenced in
accordance with the law. The Respondent State asserts that in order for the
Court to award reparations, it must first find a violation of human rights and
establish that the said violation caused harm.
130. In the instant Application, the Respondent State argues that the Applicant,
apart from requesting an order for his acquittal and compensation, has not
proved violation of his rights and any loss or damage suffered as a result of
such violation. Accordingly, the Respondent State submits that the Court
should not award reparations requested by the Applicant.
***
131. Article 27(1) of the Protocol provides that:
If the Court finds that there has been violation of a human or peoples’
rights, it shall make appropriate orders to remedy the violation,
including the payment of fair compensation or reparation.
132. The Court has consistently held that for reparations to be granted, the
Respondent State should, first, be intentionally responsible for the wrongful
act. Second, causation should be established between the wrongful act and
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