0d0900
lil
Burundian Franc Eighty Miilion (FBU
gO,OOO,OOO)
being
a
compensation for damage suffered by his family following arbitrary
and unjust prosecution especially in Criminal Case No. 765/2006.
114. The Applicant, in subsequent submissions on reparations, prays the court to
grant him the following:
i.
The amount of
ii.
The amount of US Dollars Fifteen Thousand ($15,000) for morat
iii.
prejudice suffered by his family members as indirect victims;
The amount of US Doltars Twenty-Two Thousand ($ 2O,OOO)
iv.
v.
vi.
us
Dollars Twenty Thousand ($20,000) for moral
prejudice suffered as a direct victim;
[sic]for
legal fees incurred in the proceedings before this Court;
The amount of US Dollars Five Hundred ($ soo) for other expenses;
An order that the Respondent state guarantees non-repetition of the
violations and reports back to the Court every six months; and
An order that the Respondent state publishes the judgment in the
national Gazette within one month of its delivery as a measure of
satisfaction.
115. The Respondent state, in its Response to the Application, prays the court to
dismiss the Application and rule that the Applicant is not entiled to reparations.
The Respondent state did not respond to the the Appticant,s
additionat
submissions on reparations.
***
116. ln line with its case-law, the Court considers that for reparations to be awarded,
the Respondent State should be internationally responsible, there should be a
nexus between the wrongful act and the harm, and where it is granted, reparation
should coverthe full damage suffered. Furthermore, theApplicant bears the onus
to justify the claims made.21
21
See Application No. 001 /2015. Judgment of 0711212018 (Merits and Reparations), Armand Guehi
v.
United Republic of Tanzan E
blic of
d' lvoire lntervening) (hereinafter refened to as,,Armand
Guehi v. Tanzania (Merifs
s)'), $ 157. See also, Apptication No. 013/201 1. Judgment
28
H-