000 8s e
117. As this Court has earlier found, the Respondent State violated the
Applicant,s
rights to residence and freedom of movement, to integrity, to dignity
and to be
tried within a reasonable time protected underArticles 1z(1),4,5 and 7(1Xd)
of
the Charter, respectively. Responsibility and causation have therefore been
established. The prayers for reparation are being considered against these
findings.
1
18. The Court notes that the Applicant requests for reparations with respect
to both
material and non-material damages. The Applicant's claims for material damage
must be supported by evidence. The court has also previously held that
the
purpose of reparations is resfifuo in integrum, which is to place the
victim, as
much as possible, in the situation prior to the violation, not richer or poorer.22
1
19' With respect to non-material damage, as this Court has previously held, prejudice
is assumed in cases of human rights violations23 and evaluating the quantum
of
non-pecuniary damage must be made in fairness and taking into account the
circumstances of the case.2a The Court has adopted the practice of affording
lump sums in such circumstances.25
120. The Court notes that the Applicant's claims for reparations are made in
different
currencies. ln this respect, the Court is of the view that, taking into account the
principle of fairness and considering that the Applicant should not be
madeto bear
the fluctuations that are inherent in financial activities, the choice of currency will
be made on a case-by-case basis. As a general principle, damages should be
awarded, where possible, in the currency in which loss was incurred.26 Given
that, in the present case, the Respondent State does not object to the fact that
05/06/2015 (Reparatio_ns), Norbgrt Zongo and Others v. Burkina Faso (hereinafter referred
to as
"Norbefi Zongo and others v. Byrkina Faso (Reparations)'), gs
zo-sr; Appri;ation No. oo4r2o13.
Judgment of.03/06/2016 (Reparations), LohE tssa'Konate i.'airiina raio
inZiinaner refened to as
"Loh6 lssa Konat, v. Burkina Faso (Reparations)),
SS 52-59; and Reverend Ciristopner n. Mtikita v.
Tanzania (Reparations), SS 27-29.
See Norbert Zongo and Others v. Burkina Faso (Reparations),
SS 57-62
zz ldem,
S 55; and Lohd /ssa Konate v. Burkina Faso (Reparations), g 58
24 See Norberl
Zongo and Others v. Burkina aso (Reparations), g 61
25 /dem, g
62
26 See
Application No. 003/201
d
t ot O7 11212018 (Reparations), tngabire Vic
Republic Rwanda ,s45
22
29
Umuhoza
v.