judgments was violated my human rights and … to order the Government
of Tanzania to compensate me for the injury which was occurred …”.
*
111. The Respondent State prays that the Applicant’s prayers be dismissed.
***
112. Article 27(1) of the Protocol provides that:
If the Court finds that there has been violation of a human or peoples’
rights, it shall make appropriate orders to remedy the violation,
including the payment of fair compensation or reparation.
113. The Court holds, pursuant to its jurisprudence that for reparations to be
granted, the Respondent State should, first, be intentionally responsible for
the wrongful act. Second, causation should be established between the
wrongful act and the alleged prejudice. Furthermore, and where it is
granted, reparation should cover the full damage suffered.26
114. The Court reiterates that the onus is on an Applicant to provide evidence to
justify his/her prayers, particularly for material damages.27 With regard to
moral damages, the Court has held that the requirement of proof is not
strict,28 since it is presumed that there is prejudice caused when violations
are established.29
26
Rajabu and Others v. Tanzania (merits and reparations), supra, § 136; Armand Guehi v. United
Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR 477, § 55; Lucien Ikili
Rashidi v. United Republic of Tanzania of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR
13, § 119.
27 Kennedy Gihana and Others v. Republic of Rwanda (merits and reparations) (28 November 2019) 3
AfCLR 655, § 139.
28 Norbert Zongo and Others v. Burkina Faso (reparations) (5 June 2015) 1 AfCLR 258, § 55.
29 Ibid.
26