30.
In this case, the Court notes that, though the Applicant submitted
his Income
same,
and
there
Expenditure
were
no
Statement,
sufficient
establish that these damages
and
the
violations
and
raised
evidentiary
arguments
elements
on the
presented
to
directly arose from the facts of this case
declared
in
the
Judgment
of
14
June
2013.
Furthermore, the Applicant insisted that he would present his evidence at
a yet to be determined
hearing
and
therefore
did
not adduce
cogent
evidence in the course of the procedural opportunities the Court granted
for this purpose. The Applicant did not produce any receipts to support
the expenses he claims to have incurred so there is no evidence of any
pecuniary
Rules,
loss as alleged.
the Court’s
In addition,
procedure
consists
by virtue
of Rule
primarily of written
27(1)
of the
proceedings
with public hearings being the exception rather than the rule. Therefore,
the Applicant, being aware of the Court's procedure failed to provide the
evidence of the expenses he claims in his submissions.
31. It is not enough
to show that the Respondent
State has violated a
provision of the Charter; it is also necessary to prove the damages that
the State is being required by the Applicant to indemnify. In principle, the
existence of a violation of the Charter is not sufficient, per se, to establish
a material damage.
32.
In view
elements
to
of the foregoing,
prove
a causal
the Court does
nexus
of the
not have the evidentiary
facts
of this
case
to the
damages claimed by the Applicant in relation to the violations declared in
its Judgment
of 14 June 2013.
As such,
it considers that it cannot grant
any compensation for pecuniary damages.
ae oe
Www
24
Me
)
t
vam
o ee
IAN
CA