AC H P R 1I.~CHP~:,~. [i ,j) African Commission on Human Hight!> our a:rDxI.'. Human and Peoples' Bights Collective Responsibility victim from claiming material damages before the domestic courts. The other elements required for monetary compensation for non-material damages are analysed below. i) About the Victims 179. The Commission notes that there is no doubt that the victim of violations is the one who has suffered these violations in persona. This is a natural consequence of the ownership of rights. If a person's right is violated, the victim is the holder of that right. However, in international law, the notion of victim is broader. For example, in the Basic Principles and Guidelines on the Right to a Remedy for Victims of Gross Violatio,ns of International Human Rights Law and Serious Violations of InternationalHumanitarian Law '(2005), the victim is .r . , defined as follows: Persons who, individually or collectivel'!!, .1tave suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that constitute serious violations of international' human rights law or serious violations of international humanitarian law. Where appropriate, and in accordance with national law, the term "victim" shall also include the immediate family or dependants of the direct victim and persons who have suffered harm in intervening to assist victims at risk or to prevent uictimization.i? 180. Under the Luanda Guidelines mentioned above, compensation extends to the immediate family or dependants." In Zongo v. Burkina Paso, concerning the lack of dilige~§~ of the State in the investigation of the deaths of four (4) persons, including journalist Norbert Zongo, the African Court held that "it is reasonable to consider that those who acted (directly or by representation) in the front line of this case and who suffered the most from this situation are the ,/ 87 8. J\ 'J '1IlI, IV .... ,\", vt . I/~V ,(. Basic Principles and Guidelines on the Right to Reparation for Victims ,¢ €r'oss-Yic;[ations of Internationa,l, Human Rights Law and Serious Violations of International 88 _., =rt ~& ,./ Luanda Guidelines, § 38. AnO,ganoflhe African ~~~ I. ('- .,.~) Union ~.r!". I~ La~J005)~.§ ,·,)t \\'.{ o0 ....... ,,'""," ,~";:. AU·UA L) \6. 't, The African comm~' Siolrltjp 'E\ ~ r::r ..., J? 4' ' urrrai(~ti"Q~'b~res' Rights 31 Bijilo Annex Layout, Ko <ii'IJ!P0flt)1St}ictI'W~sjCoastRegion Phone: ( o:r..~cr·43&~(220) 441 0504 Email: au-oaniul@africa-union.or!l https.zachpr.au.lnt/O CiJl a

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