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169. With respect to the principle of reparation, the Respondent State submits that a
request for reparation must fulfil three main conditions, these being, a deliberate or
negligent failure of the State to comply with its international human rights
obligations, a recognised harm suffered as a result of the failure and a direct injury
to the Applicant. Comparing the present case to that of Norbert Zongo,51 the
Respondent State avers that no reparation should be ordered in the instant matter
because there is no link between the wrongful act and the prejudice suffered, as
agents of the Respondent State were not implicated.
170. The Respondent State also alleges that there is no evidence of victimhood in this
case given that the Applicant is not a victim of deliberate actions or negligence of
the Respondent State. The Respondent State avers that domestic courts had
sufficient evidence to show that the Applicant was involved in the crime, and his
conviction and detention were as a result of his actions and the operation of
domestic law. According to the Respondent State, such facts cannot be considered
to have led to mental damage, emotional suffering and loss of earnings.
171. Regarding the victimhood of relatives, the Respondent State acknowledges the
Court's finding in the Zonga case, but submits that the finding cannot apply in the
instant case because the Applicant caused the deceased's death as established by
domestic courts; he is serving a sentence for a crime he committed; and his acts
as a dependant of the deceased among many others have caused the direct heirs
of the deceased including a son to suffer emotionally, psychologically and
financially.
172. With respect to the claims of long imprisonment following an unfair trial and
emotional anguish during trial and imprisonmeht, the Respondent State alleges that
they should be dismissed since the domestic processes followed fair trial
requirements, and anguish was as a result of the Applicant's guilt.
51 Norbert Zanga and Others v. Burkina Fasa (Repar~i~nS), ap. cil.
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