VIII. REPARATIONS
118. The Court notes that Article 27(1) of the Protocol stipulates that “[i]f the
Court finds that there has been a violation of a human or peoples’ right, it
shall make appropriate orders to remedy the violation, including the
payment of fair compensation or reparation.”
119. As per the Court’s jurisprudence, for reparations to be granted, the
Respondent State should first be found responsible for the wrongful act.
Second, causation should be established between the wrongful act and the
alleged prejudice. Finally, where granted, reparations should cover the full
damage suffered.
120. Furthermore, the onus is on the Applicant to provide evidence in support of
his/her allegations.47 With regard to moral damages, the Court has
consistently held that it is presumed and that the requirement of proof is not
strict.48
121. The Court also restates that the measures that a State can take to remedy
a violation of human rights include restitution, compensation and
rehabilitation of the victim, as well as measures to ensure non-repetition of
the violations, considering the circumstances of each case.49
122. In the present Application, the Court has found that the Respondent State
violated the Applicants’ right to life and right to dignity as guaranteed under
Articles 4 and 5 of the Charter, respectively. The Court, therefore, finds that
the Respondent State’s responsibility has been established. The Applicant
47
Kennedy Gihana and Others v. Rwanda (merits and reparations) (28 November 2019) 3 AfCLR 655,
§ 139; See also Reverend Christopher R. Mtikila v. Tanzania (reparations) (13 June 2014) 1 AfCLR 72,
§ 40; Lohé Issa Konaté v. Burkina Faso (reparations) (3 June 2016) 1 AfCLR 346, § 15(d); and
Elisamehe v. Tanzania (merits and reparations), supra, § 97.
48 Rajabu and Others v. Tanzania (merits and reparations), supra, § 136; Guehi v. Tanzania (merits and
reparations), § 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 (reparations), supra, § 55
49 Ingabire Victoire Umuhoza v. Republic of Rwanda (reparations) (7 December 2018) 2 AfCLR 202, §
20. See also, Elisamehe v. Tanzania, (merits and reparations), supra, § 96.
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