ACHPR African Commission on Human and Peoples' Hights Human nights our Collective F1esponsibility Charter. In light of this, they request that the Victim be accorded access to his family. 173. Finally, the Complainants request that bail considerations be upheld in the event that the Respondent State decides to pursue lawful action against the Victim. The Commission's Observations on the Requestfor Remedies 174. The Commission reiterates its position tha,t the duty to make reparation arises from Article 1 of the African Charter whenever a State party fails to fulfil its obligations and that failure entails the violation of human rights84• The Commission notes that in the present case, a violation of Articles 1, 2, 4, 5, 6, 7, 9(2), 12(1)(2), 13(1) and 16(1) of the African Charter has been established. The Commission also notes that in addition to the existence of a violation, the award of reparations requires that there '6e damage, proven by the complainant, and that this damage has resulted from the violation committed (causal link). 175. The Commission notes that reparations can take different forms. In ElSharkawi v. Egypt, the Commission, relying .on the Basic Principles and Guidelines on the Right to a Remedy for Victims of Gross Violations of International Hu~an Rights Law and Serious Violations of International Humanitarian Law (2005),stated that Full and effective reparations include restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. The Guidelines also state ,ii~'at compensation should be provided for any economically assessable injury, such as physical or mental injury; lost opportunities, including employment, education and social benefits; property damage and loss of income, including loss of earning potential; pain and suffering; and the costs of legal assistance or specialized legal assistance, medical and psychological and social seroices.w ", _:' • :. :~' "" ,_.-,-1, \

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