60. Given the above, the Court finds that the Respondent State violated the
Applicant’s right to dignity and not to be subjected to cruel, inhuman or
degrading punishment and treatment guaranteed under Article 5 of the
Charter regarding the imposition of the death sentence by hanging.
IX.
REPARATIONS
61. The Applicant prays the Court to set aside the decision of the Court of
Appeal and to order his release; to order the Respondent State to pay him
reparations for the time spent in prison and to order any other remedy that
the Court deems fit.
***
62. 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.”
63. As the Court has consistently held, for reparations to be granted, the
Respondent State should first be internationally responsible for the wrongful
act. Second, causation should be established between the wrongful act and
the alleged prejudice. Third, where it is granted, reparation should cover the
prejudice suffered. Lastly, the Applicant bears the onus to justify the claims
made.23
64. In the present Application, the Court has found that the Respondent State
violated the Applicant’s right to life and to dignity, guaranteed under Articles
4 and 5 of the Charter respectively in relation to the mandatory imposition
of the death penalty and execution by hanging. The Court, therefore, finds
that the Respondent State’s responsibility has been established. The
23
Armand Guehi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR
477, § 157.
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