duty
of due diligence
in protecting victims
of sexual
violence
and
punishing those responsible. This omission aggravates the Applicant’s
suffering and reinforces her status as a victim of fundamental rights
violations.
111.
The Court considers that the failure of the State of Sierra Leone to ensure
an adequate process of investigation and accountability of the perpetrators
of the violence suffered by the Applicant constitutes a violation of Article
5 of the ACHPR and Article 7 of the ICCPR.
XAT.REPARATION
112.
The Applicant sought from the Court:
- AN ORDER that the Republic of Sierra Leone pay the Applicant financial
compensation in the amount of one hundred and fifty thousand United
States dollars (USD 150,000).
The Court’s Analysis
113.
Financial compensation must be fair, adequate and proportionate to
the damage
suffered. The quantification of damages must take into
account factors such as the gravity of the violation, the material and
moral damage, and the psychological impact on the victim (Reaching for
Justice: The Right to Reparation in the African Human Rights System
(2013) (p. 63-67)). In situations where full documentation of damages is
not available, the courts can apply the principle of equity to determine a
fair amount of compensation.
114.
Reparation for internationally wrongful acts requires the State not
only to acknowledge
its responsibility, but also to offer monetary
compensation commensurate with the damage caused. The payment of
compensation must be made in such a way as to restore, as far as possible,
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