199. Similarly, no official information or updated data on the number of people
who had died or were contaminated as a result of the toxic waste dumping
was available. While official sources reported seventeen (17) deaths, this
figure only refers to those that occurred immediately after the disaster, and
therefore does not take into account those who died weeks, months or even
years later as a result of the waste dumping. The same applies to
information on payment of compensation under the MoU between the
Respondent State and TRAFIGURA.
200. In view of the foregoing, the Court holds that the Respondent State violated
the right to information protected under Article 9(1) of the Charter.
VIII. REPARATIONS
201. Article 27(1) of the Protocol provides that:
If the Court finds that there has been violation of a human or peoples’
rights, it shall make appropriate orders to remedy the violation,
including the payment of fair compensation or reparation.
202. As the Court has consistently held, to examine and assess Applications for
reparation of prejudice resulting from human rights violations, it takes into
account the principle that the State found liable for an internationally
wrongful act is required to make full reparation for the damage caused to
the victim.70
203. The Court further reaffirms that reparation “[…] must, as far as possible,
erase all the consequences of the wrongful act and restore the state which
would presumably have existed if that act had not been committed.”71
70
Sadick Marwa Kisase v. United Republic of Tanzania, ACtHPR, Application No. 005/2016, Judgment
of 2 December 2021, § 88; Wilfred Onyango Nganyi and 9 others v. United Republic of Tanzania
(reparations) (4 July 2019) 3 AfCLR 308, § 13; Ingabire Victoire Umuhoza v. Republic of Rwanda
(reparations) (7 December 2018) 2 AfCLR 202, § 19; Munthali v. Republic of Malawi, supra, § 108.
71 Mohamed Abubakari v. United Republic of Tanzania (reparations) (4 July 2019) 3 AfCLR 334, § 20;
Alex Thomas v. United Republic of Tanzania (reparations) (4 July 2019) 3 AfCLR 287, § 12;
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