83. The Court notes that Article 27(1) of the Protocol stipulates that:
If the Court finds that there has been violation of a human or peoples’
right, it shall make appropriate orders to remedy the violation, including
the payment of fair compensation or reparation.
84. In line with its constant jurisprudence, the Court considers that, in order for
reparations to be awarded, it must first be established that the Respondent
State is internationally responsible for the wrongful act. Secondly, a causal
link must be established between the wrongful act and the alleged harm.
Furthermore, and where it is granted, reparation should redress the full
damage suffered.
85. The Court reiterates that the onus is on the Applicant to provide evidence
to justify his prayers, in particular with regard to material damage.21 With
regard to moral damages, the Court has held that the requirement of proof
is not strict22 since it is presumed that there is prejudice caused when
violations are established.23
86. The Court also recalls that the measures that a State may take to remedy a
violation of human rights can 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.24
87. In instant case, the Applicant seeks both pecuniary (A) and non-pecuniary
(B) reparations.
21
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. 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, supra, § 97.
22 Beneficiaries of the late Norbert Zongo and Others v. Burkina Faso (reparations) (5 June 2015) 1
AfCLR 258, § 55; see also Elisamehe v. Tanzania, supra, § 97.
23 Ally Rajabu and Others v. United Republic of Tanzania (merits and reparations) (28 November 2019)
3 AfCLR 539, § 136; Guehi v. Tanzania, supra, § 55; Rashidi v. Tanzania, supra, § 119; Zongo and
Others v. Burkina Faso (reparations), supra, § 55 and Elisamehe v. Tanzania, supra, § 97.
24 Ingabire Victoire Umuhoza v. Republic of Rwanda (reparation) (7 December 2018) 2 AfCLR 202, §
20; Elisamehe v. Tanzania, supra, § 96.
19