death penalty in its penal law as well as by prescribing hanging as a method
for implementing the death penalty. It is in respect of these violations that
reparations must be determined since all other allegations by the Applicants
have been dismissed.
A. Pecuniary reparations
i.
Material prejudice
128. The Court recalls that for it to grant reparations for material prejudice, there
must be a causal link between the violation established by the Court and
the prejudice caused and there should be a specification of the nature of the
prejudice and proof thereof.47
129. In the instant case, the Court recalls that the Applicants never specifically
provided any proof of the material prejudice that they suffered as a result of
the violation established by the Court.
130. In the circumstances, the Court, therefore, does not grant reparations for
material prejudice.
ii. Moral prejudice
131. The Applicants did not make any prayers specifically seeking reparations
for the moral prejudice that they may have suffered. The Court recalls,
however, that moral prejudice is presumed in cases of human rights
violations and can be awarded by the Court acting under its equitable
jurisdiction.48
132. In the present application, the Court has established that the Respondent
State violated Articles 1, 4 and 5 of the Charter, it is thus to be presumed
47
Isiaga v. Tanzania, supra, § 20.
Zongo and Others v. Burkina Faso (reparations), supra, § 55; Umuhoza v. Rwanda (reparations),
supra, § 59; Jonas v. Tanzania (reparations), supra, § 23.
48
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