make appropriate orders to remedy the violation, including the payment of
fair compensation or reparation.”
133. 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.
134. The Court reiterates that the onus is on the Applicant to provide evidence
to justify his prayers, particularly for material damages.36 With regard to
moral damages, the Court has held that the requirement of proof is not
strict,37 since it is presumed that there is prejudice caused when violations
are established.38
135. 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.39
136. In the instant case, the Court has established that the Respondent State
violated the Applicants’ right to defence under Article 7(1)(c) of the Charter
as read together with Article 14(3)(d) of the ICCPR by failing to afford them
free legal assistance during their trial and appeals in the domestic courts. It
is on this basis that reparations must be determined.
36
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. Republic of Tanzania (reparations), §
40; Lohé Issa Konaté v. Burkina Faso (reparations) (3 June 2016), 1 AfCLR 346, § 15(d); and Kalebi
Elisamehe v. Tanzania (merits and reparations), § 97.
37 Norbert Zongo and Others v. Burkina Faso (reparations) (3 June 2016), 1 AfCLR 258, § 55. See also
Kalebi Elisamehe v. Tanzania (merits and reparations), § 97.
38 Ally Rajabu and Others v. United Republic of Tanzania (merits and reparations) (28 November 2019)
3 AfCLR 539, § 136; Armand 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), § 97.
39 Ingabire Victoire Umuhoza v. Republic of Rwanda (reparations) (7 December 2018) 2 AfCLR 202, §
20. See also Elisamehe v. Tanzania, ibid, § 96.
34