112. The Respondent State prays that the Second Applicant should not be
awarded reparations.
***
113. The Court recalls Article 27(1) of the Protocol which 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 the fair compensation or reparation.
114. The Court considers that, as it has consistently held, for reparations to be
granted, the Respondent State should first be internationally responsible of
the wrongful act and causation should be established between the wrongful
act and the alleged prejudice.42 Furthermore, and where granted, reparation
should cover the full damage suffered; and the Applicant bears the onus of
justifying the claims made.43
115. In the instant case, the Court has established that the Respondent State
violated the Second Applicant’s right to defence under Article 7(1)(c) of the
Charter as read together with Article 14(3)(d) of the ICCPR by failing to
provide him with free legal assistance during his trial and appeals in the
domestic courts. The Court has further made a finding of violation of Article
15(1) of the ICCPR, as well as Article 17(3) of the ACERWC read together
with Article 40(1) of the CRC. The Court will thus consider reparations
accordingly.
42
XYZ v. Republic of Benin (judgment) (27 November 2020) 4 AfCLR 49, § 158 and Sébastien Germain
Ajavon v. Republic of Benin (reparations) (28 November 2019) 3 AfCLR 196, § 17.
43 Juma v. Tanzania (merits and reparations), supra, § 141; Norbert Zongo and Others v. Burkina Faso
(reparations) (5 June 2015) 1 AfCLR 258, §§ 20-31; and Reverend Christopher R. Mtikila v. United
Republic of Tanzania (reparations) (13 June 2014) 1 AfCLR 72, §§ 27-29.
29