VIII. REPARATIONS
144. 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.”
145. As per the Court’s jurisprudence, for reparations to be granted, the
Respondent State should first be responsible for the wrongful act. Second,
causation should be established between the wrongful act and the alleged
prejudice. Furthermore, where granted, reparations should cover the full
damage suffered.
146. The Court reiterates that the onus is on the Applicant to provide evidence in
support of his/her allegation.43 With regard to moral damages, the Court has
consistently held that it is presumed and that the requirement of proof is not
strict.44
147. The Court also restates 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, considering the circumstances of each case.45
148. As this Court has earlier found, the Respondent State violated the
Applicant’s right to legal representation and his right to dignity, guaranteed
under Article 7(1)(c) of the Charter as read together with Article 14(3)(d) of
the International Covenant on Civil and Political Rights and Article 5 of the
43
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 (judgment), supra, § 97.
44 Rajabu and Others v. Tanzania (merits and reparations), supra, § 136; Armand Guehi v. Tanzania
(merits and reparations) (7 December 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.
45 Ingabire Victoire Umuhoza v. Republic of Rwanda (reparations) (7 December 2018) 2 AfCLR 202, §
20. See also, Elisamehe v. Tanzania (judgment), supra, § 96.
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