VIII. REPARATIONS
107. The Court notes that Article 27(1) of the Protocol stipulates that “[i]f the
Court finds that there has been violation of a human or peoples’ right, it shall
make appropriate orders to remedy the violation, including the payment of
fair compensation or reparation”.
108. In line with the Court’s jurisprudence, for reparations to be granted, the
Respondent State should first be found liable for an internationally wrongful
act and a causal link must be established between the wrongful act and the
harm alleged. Furthermore, where it is granted, reparation should cover the
full prejudice suffered.
109. The Court reiterates that the onus is on the Applicant to provide evidence in
support of her allegation.37 With regard to moral prejudice, the Court has
consistently held that it is presumed in case of violation and that the
requirement of proof is not strict.38
110. The Court also recalls that the measures that a state can take to remedy a
violation of human rights includes 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.39
111. In the present case, the Court has established that the Respondent State
violated the independence of the judiciary and the legislature, protected by
Article 26 of the Charter. It has also found that the Respondent State
violated the principle of separation of powers between the executive and the
45
Kennedy Gihana and others v. Rwanda (merits and reparations) (28 November 2019) 3 AfCLR 655,
§ 139; See also Reverend Christopher R. Mtikila v. Tanzania (reparations) (13 June 2014) 1 AfCLR 72,
§ 40; Lohé Issa Konaté v. Burkina Faso (reparations) (3 June 2016) 1 AfCLR 346, § 15(d); and
Elisamehe v.Tanzania (merits and reparations) supra, § 97.
38 Rajabu and Others v. Tanzania (merits and reparations), supra, § 136; Armand Guehi v. Tanzania
(merits and reparations) (December 7, 2018), 2 AfCLR 477, § 55; Lucien Ikili Rashidi v. United
Republic of Tanzania (merits and reparations) (28 March 2019), 3 AfCLR 13, § 119; Norbert Zongo
and Others v. Burkina Faso (reparations), § 55.
47 Ingabire Victoire Umuhoza v. Republic of Rwanda (reparations) (7 December 2018) 2 AfCLR 202, §
20. See also, Alex Thomas v. Tanzania (merits), § 96.
29