183. In respect of the Applicant’s submission on reparations, the Respondent
State avers that there is no violation of the Applicant’s rights warranting
reparations. The Respondent State avers that the Applicant is duty bound
to prove the alleged reparations before the same is granted by the Court.
***
184. The Court recalls Article 27(1) of the Protocol which 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 the fair compensation or reparation.
185. The Court considers that, as it has consistently held, for reparations to be
granted, the Respondent State should first be internationally responsible of
the wrongful act and causation should be established between the wrongful
act and the alleged prejudice.82 Furthermore, and where granted,
reparation should cover the full damage suffered. It is also clear that it is
always the Applicant that bears the onus of justifying the claims made.83
A. Pecuniary reparations
i.
Material prejudice
186. The Court recalls that for it to grant reparations for material prejudice, there
must be a causal link between the violation established by the Court and
the prejudice caused and there should be a specification of the nature of
82
XYZ v. Republic of Benin (judgment) (27 November 2020) 4 AfCLR 49, § 158 and Sébastien Germain
Ajavon v. Republic of Benin (reparations) (28 November 2019) 3 AfCLR 196, § 17.
83 Juma v. Tanzania (merits and reparations), supra, § 141; Norbert Zongo and Others v. Burkina Faso
(reparations) (5 June 2015) 1 AfCLR 258, §§ 20-31; and Reverend Christopher R. Mtikila v. United
Republic of Tanzania (reparations) (13 June 2014) 1 AfCLR 72, §§ 27-29.
52