28. This principle of international law is reflected in the Protocol. 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.”
A.
Compensation
Pecuniary damages
29.The Applicant is claiming
the human
pecuniary damages
rights violations
by the
allegedly arising from
Respondent,
including
costs
of
setting up his political party and participating in elections and costs of
litigation at the national
level. The
Commission
has
recognised
the
importance of restitution and has held that a State that has violated
the rights enshrined
in the Charter should “take measures
to ensure
that the victims of human
rights abuses are given effective remedies,
including
compensation.”*
restitution
and
Though
recognises a victim's right to compensation,
the
Commission
it has not yet identified
which factors States should take into account in their assessment of
the
compensation
due.
Rather,
the Commission
has
recommended
C
2Consolidated
Communications
279/03
and
296/05
Sudan
Organisation and Centre on Housing Rights and Evictions (COHRE)
Eighth Activity Report: November 2009- May 2010 paragraph 229(d).
wnt
Human
Rights
v Sudan
Twenty
af