A. Pecuniary reparations
i.
Material prejudice
94. The Applicant claims pecuniary reparations for material prejudice, the
amount of which is to be considered and assessed by this Court according
to the period the Applicant spent in custody and the national ratio of the
annual income of a citizen of the Respondent State.
*
95. The Respondent State submits that this claim for pecuniary reparations has
no basis, as the Applicant has not established the nexus between the
alleged violations and the harm he suffered.
***
96. The Court notes that for reparations for material prejudice to be granted,
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.33
97. In the instant case, the Court notes that the Applicant has not established
the link between the violation found and the alleged pecuniary harm. Rather,
the Applicant’s claims are directly linked to his conviction and incarceration,
which this Court did not find unlawful.
98. The Court, consequently, dismisses the Applicant’s claims for pecuniary
reparations for material prejudice.
33
Kijiji Isiaga v. United Republic of Tanzania, ACtHPR, Application No. 032/2015, Judgment of 25 June
2021 (reparations), § 20.
24