ACHPR
African Commission on
Human and Peoples' Hights
Human nights our
Collective F1esponsibility
Charter. In light of this, they request that the Victim be accorded access to his
family.
173. Finally, the Complainants request that bail considerations be upheld in the
event that the Respondent State decides to pursue lawful action against the Victim.
The Commission's Observations on the Requestfor Remedies
174. The Commission reiterates its position tha,t the duty to make reparation
arises from Article 1 of the African Charter whenever a State party fails to fulfil
its obligations and that failure entails the violation of human rights84• The
Commission notes that in the present case, a violation of Articles 1, 2, 4, 5, 6, 7,
9(2), 12(1)(2), 13(1) and 16(1) of the African Charter has been established. The
Commission also notes that in addition to the existence of a violation, the award
of reparations requires that there '6e damage, proven by the complainant, and
that this damage has resulted from the violation committed (causal link).
175. The Commission notes that reparations can take different forms. In ElSharkawi v. Egypt, the Commission, relying .on the Basic Principles and
Guidelines on the Right to a Remedy for Victims of Gross Violations of
International Hu~an Rights Law and Serious Violations of International
Humanitarian Law (2005),stated that
Full and effective
reparations
include restitution,
compensation,
rehabilitation, satisfaction and guarantees of non-repetition. The Guidelines
also state ,ii~'at compensation should be provided for any economically
assessable injury, such as physical or mental injury; lost opportunities,
including employment, education and social benefits; property damage and
loss of income, including loss of earning potential; pain and suffering; and the
costs of legal assistance or specialized legal assistance, medical and
psychological and social seroices.w
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