204. Furthermore, measures that a State must take to remedy a violation of
human rights include, notably, restitution, compensation and rehabilitation
of the victim, satisfaction measures and measures to ensure non-repetition
of the violations, taking into account the circumstances of each case.72
205. In examining requests for reparation, the Court also takes into account the
existence of a causal link between the violation and the harm caused, it
being specified that the burden of proof is on the.73 However, when there is
a presumption of moral prejudice to the Applicant, the burden of proof may
shift to the Respondent State to provide evidence to the contrary.
206. In the present judgment, the Court has established that the Respondent
State violated the right to life, protected by Article 4 of the Charter, the right
to an effective remedy under Article 1, read in conjunction with Article 7(1)(a)
of the Charter, the right to the highest attainable standard of physical and
mental health, the right to a satisfactory and comprehensive environment
conducive to their development, and the right to information, provided for in
Articles 16, 24 and 9(1) of the Charter respectively.
207. The Court notes that the Applicants request the Court to grant them both
pecuniary and non-pecuniary reparations.
A. Pecuniary Reparations
208. The Court notes that the Applicants seek compensation for all the victims
and the award of a symbolic sum as reparations for the material and moral
prejudice suffered.
Wilfred Onyango Nganyi and Others v. United Republic of Tanzania (Reparations) (4 July 2019) 3 AfCLR
308, § 16; Umuhoza v Rwanda (reparations), supra, § 20; Rashidi v Tanzania, supra, § 118; Munthali v
Malawi, supra, § 109.
72
Abubakari v. Tanzania (reparations), ibid, § 21; Thomas v. Tanzania, ibid, § 21;
Thomas v. Tanzania, ibid, § 13. Umuhoza v. Rwanda, ibid, § 20; Munthali v. Malawi, ibid, § 110.
73 Reverend Christopher R. Mtikila v. United Republic of Tanzania (reparations) (13 June 2014) 1 AfCLR
72, § 40; Lohé Issa Konaté v. Burkina Faso (reparations) (3 June 2016), 1 AfCLR 346, § 15; Abubakari
v. Tanzania, Ibid, § 22; Thomas v. Tanzania, § 14; Zongo and Others v. Burkina Faso (reparations)
supra, § 24; Munthali v. Republic of Malawi, supra, § 111.
51
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