133. The Respondent State submits that the Applicant was tried, convicted and
sentenced in accordance with law and that the Court of Appeal was satisfied
that the case against the Applicant was proven beyond reasonable doubt. It
thus avers that the allegation of a violation of Article 1 of the Charter should
be dismissed for lack of merit.
***
134. The Court notes that it has consistently held that “when the Court finds that
any of the rights, duties and freedoms set out in the Charter are violated,
this necessarily means that the obligation set out under Article 1 of the
Charter has not been complied with or that it has been violated.”45
135. ln the instant case, the Court has held that the Respondent State has
violated Articles 4, 5, 7(1)(d) of the Charter. On the basis of the foregoing,
the Court finds that the Respondent State also violated Article 1 of the
Charter.
VIII. REPARATIONS
136. The Court notes that Article 27(1) of the Protocol stipulates that “[i]f the
Court finds that there has been violation of a human or peoples' right, it shall
make appropriate orders to remedy the violation, including the payment of
fair compensation or reparation.”
137. As per the Court’s jurisprudence, for reparations to be granted, the
Respondent State should first be responsible for the wrongful act. Second,
causation should be established between the wrongful act and the alleged
prejudice. Furthermore, where granted, reparations should cover the full
damage suffered.
45
Alex Thomas v. Tanzania (merits), § 135; Norbert Zongo and Others v. Burkina Faso (merits), § 199;
Kennedy Owino Onyachi and another v. Tanzania (merits) (28 September 2017) 2 AfCLR 65, § 159.
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