matter. It is therefore in a position to rule on both the alleged violations as well as
all reliefs and other reparations sought in a single judgment.
157. The Court, in line with its previous judgments on reparations, considers that for
reparations claims to be granted, the Respondent State should be internationally
responsible, the reparation should cover the full damage suffered, there should be
causality and the Applicant must bear the onus to justify the claims made 46
158. The Court has earlier found that the Respondent State violated the Applicant's right
not to be subjected to inhuman and degrading treatment protected under Article 5
of the Charter and his right to be tried within a reasonable time guaranteed under
Article 7(1 ltd) of the Charter.
159. It is against these findings that the Court will consider the Applicant's requests for
reparation.
A. Order for the Applicant's conviction to be quashed, the sentence to be set
aside, and for him to be released
160. The Applicant requests the Court that his conviction be quashed, the sentence set
aside and his liberty be restored. He avers that there are specific and compelling
circumstances as to warrant the Court to order his release. The Applicant asserts
that ordering his release is the only way that the prejudice suffered could be
restored given the fact that having a re-trial after (thirteen) 13 years would be
impossible since the evidence has been destroyed.
161. The Applicant also urges the Court to take into consideration the fact that he has
been incarcerated for many years without the support of his friends and family which
is vital for a life in prison. He alleges that his incarceration far from his friends and
family increases the damages that he has endured and will continue to endure as
long as his incarceration continues. It is the Applicant's contention that his
See Application No. 013/2011. Judgment on Reparations of 05/06/15, Norbert Zanga and Others v. Burkina
Faso, §§ 20-31; Application No. 004/2013. Judgment on Reparations of 03106/16, Lohe Issa Konale v. Burkina
Faso, §§. 52-59; and Reverend Christopher R. Mlil,i/a v. Tanzania (Reparations), §§. 27-29.
46
38