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Commission on
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Human Rights our
Collective Responsibility
Commission while at the international level it is the Basic Principles and Guidelines on the Right to a
Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law61 and General Comment No.3 of the Committee against
Torture that are in force.
These instruments establish the framework and principles for reparation to be granted to victims of
human rights violations. Reparation for a human rights violation thus includes the principles of
restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition= .
31.
In relation to the principle of compensation, the Commission's General Comment No.4 provides that
"compensation awarded to the victim should be fair, adequate and proportionate to the harm suffered, whether
material, non-material or otherwise". It follows from this principle that the effective enforcement of
compensation is one of the conditions for the realization of reparation and the promotion of justice. As
recognized by the African Court in Zongo v. Burkina Fas063 , damages are a means of compensating for
moral prejudice suffered such as "suffering, anguish, grief, sadness, distress, fear, frustration, anxiety,
inconvenience, humiliation and damage to reputation caused by the violation"64 .
32.
In the present case, the Commission notes that in recognition of and compensation for the damage
suffered, the Respondent State Court, in the OMT judgment of 17 November 2008, jointly ordered the
perpetrators (Sergeant Shombo Chance and the Respondent State) to pay compensation. The
Commission notes that the Respondent State Court fixed the victim's compensation at $10,000.
33.
Without pronouncing on the amount of compensation, which it leaves to the discretion of the national
courts according to positive law, following its practice, the Commission notes, nevertheless, that the
condemnation of the national courts to the payment of damages constitutes a predisposition of the
Respondent State and its institutions to compensate for the damage suffered.
34.
The Commission notes, however, that until its seizure in 2014, the perpetrators recognized to pay
compensation to the victim= were slow to fulfil their obligation.
35.
Basic principles and guidelines on the right to a remedy and reparation for victims of gross violations of international
human rigMs law and serious violations of international humanitarian law I OHCHR
62 Urra Guridi v. Spain (CAT 212/02).
_
63 Zongo v. Burkina Faso, supra note I, at paras. 27, 55-56, 111(i)-(ii), COMPARATIVE STUD
"U'HE ~AW AND
PRACTICE OF REMEDIES FOR HUMAN RIGHTS VIOLATIONS.
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64 COMPARATIVE STUDY ON THE LA W AND PRACTICE OF REMEDIES FOR HUMAN RIG
S v1 ~
-c65 Gaf en v. German
[GC, 2010, § 116, and Razzakov v. Russia, 2015, § 50.
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61
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