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.
182. The Court reiterates that the onus is on the Applicant to provide evidence
to justify his prayers, particularly for material damages.56 With regard to
moral damages, the Court has held that the requirement of proof is not
strict,57 since it is presumed that there is prejudice caused when violations
are established.58
183. The Court also restates that the measures that a State must take to remedy
a violation of human rights includes restitution, compensation and
rehabilitation of the victim, as well as measures to ensure non-repetition of
the violations, taking into account the circumstances of each case.59
184. In the instant case, the Court has established that the Respondent State
has violated the Applicant’s right to life under Article 4 of the Charter by
imposing a mandatory death penalty, his right to dignity under Article 5 of
the Charter by placing him on death row. Additionally, the Court found that
the Respondent State has violated the Applicant’s right to a fair trial by
unreasonably delaying his trial contrary to Article 7(1)(d) of the Charter.
56
Kennedy Gihana and Others v. Republic of Rwanda (merits and reparations) (28 November 2019) 3
AfCLR 655, § 139; See also Reverend Christopher R. Mtikila v. United Republic of Tanzania
(reparations), § 40; Lohé Issa Konaté v. Burkina Faso (reparations) (3 June 2016) 1 AfCLR 346, § 15(d);
and Kalebi Elisamehe v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 265, § 97.
57 Norbert Zongo and Others v. Burkina Faso (reparations) (3 June 2016) 1 AfCLR 258, § 55. See also
Elisamehe v. Tanzania (judgment), ibid, § 97.
58 Rajabu and Others v. Tanzania, supra, § 136; Guehi v. Tanzania (merits and reparations), supra, §
55; Lucien Ikili Rashidi v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR
13, § 119; Zongo and Others v. Burkina Faso, ibid, § 55; and Elisamehe v. Tanzania (judgment), ibid, §
97.
59 Ingabire Victoire Umuhoza v. Republic of Rwanda (reparations) (7 December 2018) 2 AfCLR 202, §
20. See also Elisamehe v. Tanzania (judgment), ibid, § 96.
47