94.Article 27(1) of the Protocol provides that: “If the Court finds that there has
been violation ofa human or peoples’ right, it shall make appropriate orders
to remedy
the
violation,
including
the
payment
of fair compensation
or
reparation.”
95. The Court recalls its established jurisprudence
Applications
for
reparation
of
prejudices
that, “to examine and assess
resulting
from
human
rights
violations, it takes into account the principle according to which the State
found
guilty
of an
internationally wrongful
act is required
to make
full
reparation for the damage caused to the victim’ .”4
96.The Court also restates that, the purpose of reparation is to “...as far as
possible,
state
erase
which
all the consequences
would
presumably
committed.”
Measures
human
include
rights
have
of the wrongful
existed
that a State could
restitution,
if that
act and
act
take to remedy
compensation
and
had
restore the
not
been
a violation of
rehabilitation
of the
victim, as well as measures to ensure non-repetition of the violations taking
into account the circumstances of each case.”
97. The Court reiterates that the general rule with regard to material prejudice,
is that there must be a causal link between the established violation and the
prejudice suffered and the onus is on the Applicant to provide evidence to
justify his prayers.?” With regard to moral damages the requirement of proof
24 Ingabire Victoire Umuhoza v Rwanda (reparations) (2018) 2 AfCLR 202, § 19. See also Beneficiaries
of late Norbert Zongo, Abdoulaye Nikiema alias Ablasse, Ernest Zongo, Blaise liboudo and Mouvement
Burkinabé des Droits de ' Homme et des Peuples v Burkina Faso (reparations) (2015) 1 AfCLR 258, §
20; Lohé Issa Konaté v Burkina Faso (reparations) (2016) 1 AfCLR 346, § 15(b); and Mohamed
Abubakari v United Republic of Tanzania, AfCHPR, Application No. 007/2013, Judgment of 4 July 2019
(reparations), § 19.
28 Mohamed Abubakari v Tanzania (reparations), § 20; Alex Thomas v. United Republic of Tanzania,
AfCHPR, Application No 005/2013, Judgment of4 July 2019 (reparations), § 12; and Wilfred Onyango
Nganyi and 9 Others v United Republic of Tanzania, AfCHPR, Application No. 006/2013, Judgment of
4 July 2019 (reparations), § 16.
26 Ingabire Victoire Umuhoza v Rwanda (reparations), § 20.
27 See Kennedy Gihana and Others v Republic of Rwanda, AfCHPR, Application No. 017/2015,
Judgment of 28 November 2019, § 139; See also Tanganyika Law Society, the Legal and Human Rights
Centre v United Republic of Tanzania and Reverend Christopher R. Mtikila v United Republic of
Tanzania (reparations) (2014) 1 AfCLR 72, § 40; Lohé Issa Konaté v Burkina Faso (reparations), §
15(d).
25