77. 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 where granted,
reparations should cover the full damage suffered.30
78. The Court reiterates that the onus is always on the Applicant to provide
evidence to justify his prayers, particularly for material damages.31 With
regard to moral damages, the Court has held that the requirement of proof
is not strict,32 since it is presumed that there is prejudice caused when
violations are established.33 Additionally, the Court has also held that the
quantum of damages for moral prejudice is assessed based on equity
considering all the circumstances of the case34 and that compensation in
the form of a lump sum is the established practice towards reparations for
moral prejudice.35
79. The Court also restates that the measures that a State may 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.36
80. The Court recalls that, specifically, the Applicants pray the Court to grant
the following reparations:
i.
The setting aside of the sentences of life imprisonment in jail and
of twelve (12) strokes of the cane imposed on the Applicants;
ii.
Restitution of the Applicants’ liberty by their release from prison.
30 Ally Rajabu and Others v. United Republic of Tanzania (merits and reparations) (28 November 2019)
3 AfCLR 539, § 133; and Lucien Ikili Rashidi v. United Republic of Tanzania of Tanzania (merits and
reparations) (28 March 2019) 3 AfCLR 13, § 119.
31 Kennedy Gihana and Others v. Republic of Rwanda (merits and reparations) (28 November 2019) 3
AfCLR 655, § 139.
32 Elisamehe v. Tanzania (merits and reparations), supra, § 97.
33 Norbert Zongo and Others v. Burkina Faso (reparations) (5 June 2015) 1 AfCLR 258, § 55.
34 Ibid, § 160.
35 Ibid, § 119.
36 Ingabire Victoire Umuhoza v. Republic of Rwanda (reparations) (7 December 2018) 2 AfCLR 202, §
20.
20