A. Pecuniary reparations
i.
Material prejudice
185. The Court recalls that for it to grant reparations for material prejudice, there
must be a causal link between the violation established by the Court and
the prejudice caused and there should be a specification of the nature of the
prejudice and proof thereof.60
186. In the instant case, the Applicant simply prayed the Court to grant him
reparations in accordance with Article 27 of the Protocol, without specifying
the nature of the pecuniary reparations sought. He has not indicated the
nature of the material prejudice he suffered and how this is linked with the
violation of his rights, particularly, his right to life, right to dignity and the right
to a fair trial protected under Articles 4, 5 and 7(1)(d) of the Charter.
187. In the circumstances, the Court therefore does not grant reparations for
material prejudice.
ii. Moral prejudice
188. The Applicant requests the Court to grant reparations for moral prejudice.
The Applicant prays the Court to presume a causal link between the
established violations of the Applicant’s rights and any moral harm suffered
without additional affirmative evidence.
189. The Respondent State maintains that the Applicant’s conviction and
subsequent sentencing were a direct result of his own culpable actions,
thereby asserting that he should not be entitled to any form of reparations.
***
60
Kijiji Isiaga v. United Republic of Tanzania, AfCtHPR, Application no. 011/2015, judgment of 25 June
2021 (reparations), § 20.
48