75. 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.
76. The Court recalls its earlier judgments and restates its position that, “to
examine and assess Applications for reparation of prejudices resulting from
human rights violations, it takes into account the principle according to
which the State found guilty of an internationally wrongful act is required to
make full reparation for the damage caused to the victim.”17
77. The Court also restates that reparations “… must, as far as possible, erase
all the consequences of the wrongful act and restore the state which would
presumably have existed if that act had not been committed.”18
78. 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.19
79. The Court reiterates that the general rule with regard to material prejudice
is that there must be a causal link between the established violation and the
prejudice suffered by the Applicant and the onus is on the Applicant to
provide evidence to justify his prayers.20 With regard to moral prejudice, the
Court exercises judicial discretion in equity.
17
Abubakari v. Tanzania (merits), supra, § 242 (ix) and Ingabire Victoire Umuhoza v. Republic of
Rwanda (reparations) (7 December 2018) 2 AfCLR 202, § 19.
18Mohamed Abubakari v. United Republic of Tanzania (reparations) (4 July 2019) 3 AfCLR 334, § 21;
Alex Thomas v. United Republic of Tanzania, (reparations) (4 July 2019) 3 AfCLR 287, § 12; Wilfred
Onyango Nganyi and 9 others v. United Republic of Tanzania, (reparations) (4 July 2019) 3 AfCLR 308,
§ 16.
19 Umuhoza v. Rwanda (reparations), supra, § 20.
20 Christopher Mtikila v. 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.
18
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