***
123. 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.
124. The Court has consistently held that, 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. Furthermore, and when granted, reparation should
cover the full damage suffered.
125. The Court reiterates that the onus is always on the Applicant to provide
evidence to justify his prayers, particularly for material damages.43 With
regard to moral damages, the Court has held that the requirement of proof
is not strict,44 since it is presumed that there is prejudice caused when
violations are established.45
126. The Court also restates that the measures that a State must take to remedy
a violation of human rights include 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.46
127. In the instant case, the Court has established that the Respondent State
has violated Articles 1, 4 and 5 of the Charter by maintaining the mandatory
43
Kennedy Gihana and others v. Republic of Rwanda (merits and reparations) (28 November 2019) 3
AfCLR 655, § 139; See also Reverend Christopher R. Mtikila v. United Republic of 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), § 97.
44 Norbert Zongo and Others v. Burkina Faso (reparations) (3 June 2016) 1 AfCLR 258, § 55. See also
Elisamehe v. Tanzania (merits and reparations), supra, § 97.
45 Rajabu and Others v. Tanzania (merits and reparations), supra, § 136; Guehi v. Tanzania (merits and
reparations), supra, § 55; Lucien Ikili Rashidi v. United Republic of Tanzania (merits and reparations)
(28 March 2019) 3 AfCLR 13, § 119; Zongo and Others v. Burkina Faso, ibid, § 55; and Elisamehe v.
Tanzania (merits and reparations), ibid, § 97.
46 Ingabire Victoire Umuhoza v. Republic of Rwanda (reparations) (7 December 2018) 2 AfCLR 202, §
20. See also Elisamehe v. Tanzania, ibid, § 96.
33