A. Pecuniary reparations
i.
Material prejudice
137. 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.40
138. In the instant case, the First Applicant simply prays the Court to grant him
reparations in accordance with Article 27 of the Protocol, without specifying
the nature of the reparations sought. He does not indicate the nature of the
material prejudice he suffered and how this is linked with the violation of his
fair trial rights, particularly, his right to legal assistance under Article 7(1)(c)
of the Charter.
139. In the circumstances, the Court does not grant reparations for material
prejudice.
ii. Moral prejudice
140. The Applicants do not specifically request the Court to grant reparations for
moral prejudice. However, as indicated above, the First Applicant prays in
general terms that the Court should grant him reparations. Both Applicants
also pray the Court to “restore justice where it was overlooked”. Accordingly,
the Court will examine whether the Applicants are entitled to moral
damages.
141. In this regard, in line with established case-law that moral prejudice is
presumed in cases of human rights violations, the Court notes that the
quantum of damages in this respect is assessed based on equity, taking
40
Kijiji Isiaga v. Republic of Tanzania, AfCtHPR, Application n° 011/2015, judgment of 25 June 2021
(reparations), § 20.
35