*
118. The Respondent State did not make a submission on this claim
***
119. The Court recalls that in order for a claim for material prejudice to be
granted, the Applicant must show a causal link between the violation found
and the loss suffered, as well as demonstrate the loss suffered with
evidence.37
120. In the instant case, the Court notes that the Applicant has not established
any linkages between the violations found and the material prejudice which
he claims to have suffered.
121. The Court, consequently, dismisses the Applicant’s claims for reparations
for material prejudice.
ii. Material prejudice suffered by indirect victims
122. The Applicant submits that the recognition that “dependents” and next of kin
are entitled to reparations subject to certain conditions is based on the
notion that the violation committed against the direct victim resulted in some
form of harm to others.
123. The Applicant submits that the Inter-American Court considers that the
immediate next of kin of direct victims of gross human rights violations do
not need to adduce evidence to show that they have suffered harm. In such
cases, this Court presumes harm of the immediate next of kin in light of the
“grave impact on the mental and emotional well-being of the next of kin of
the victims. Hence, the Applicant request this Court to grant reparations to
the dependents and next of kin as indirect victim.
37
Juma v. Tanzania, ibid, § 147.
31
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