the alleged prejudice. Furthermore, and where it is granted, reparation
should cover the full damage suffered.43
133. The Court reiterates that the onus is on the Applicant to provide evidence
to justify his prayers, particularly for material damages.44 With regard to
moral damages, the Court has held that the requirement of proof is not
strict,45 since it is presumed that there is prejudice caused when violations
are established.46
134. The Court also restates that the measures that a State may take to remedy
a violation of human rights include restitution, compensation, and
rehabilitation of the victim, as well as measures to ensure non-repetition of
the violations, taking into account the circumstances of each case.47
135. In this instant case, the Court has established that the Respondent State’s
conduct has violated the Applicant’s right to life and right to dignity only. It
is in respect of these violations, therefore, that the Court must assess the
reparations due.
A. Pecuniary reparations
i.
Material prejudice
136. The Applicant simply prayed the Court to grant him reparations in
accordance with Article 27 of the Protocol, without specifying the nature of
the pecuniary reparations sought. He has not indicated the nature of the
43
Rajabu and Others v. Tanzania (merits and reparations), supra, § 136; Guehi v. Tanzania (merits and
reparations), supra, § 55; Lucien Ikili Rashidi v. United Republic of Tanzania of Tanzania (merits and
reparations) (28 March 2019) 3 AfCLR 13, § 119.
44 Kennedy Gihana and Others v. Republic of Rwanda (merits and reparations) (28 November 2019) 3
AfCLR 655, § 139.
45 Zongo and Others v. Burkina Faso (reparations), supra, § 55. See also Elisamehe v. Tanzania (merits
and reparations), supra, § 97.
46 Zongo and Others v. Burkina Faso (reparations), Ibid.
47 Ingabire Victoire Umuhoza v. Republic of Rwanda (reparations) (7 December 2018) 2 AfCLR 202, §
20.
32