VIII. REPARATIONS
85. The Applicant prays the Court to grant him reparations for the violations he
suffered including quashing his conviction and sentence and ordering his
release.
86. 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 order reparations, it must first find violation of human rights and
establish that the said violation caused harm. Furthermore, it avers that the
Applicant bears the burden of proof, and thus, must adduce evidence to the
Court to prove the harm. In the present matter, the Respondent State
argues that the Applicant, apart from requesting an order for his acquittal
and compensation, he 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 the reparations requested by
the Applicant.
***
87. 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.
88. In the instant case, no violation has been established and thus the request
for reparations is no longer warranted. The Court, therefore, dismisses the
Applicant’s prayers for reparations.
IX.
COSTS
89. The Applicant did not make any submissions on costs.