118. The Respondent State in its submission prayed the Court to:
i.
Find that it does not have jurisdiction to order the release of the
Applicant; and
ii.
Dismiss the Applicant claim for reparation as he is not entitled to
any reparation.
***
119. Article 27 for the protocol provides that: “if the Court finds that there has
been violation of a human or people’s rights it shall make appropriate orders
to remedy the violation, including the payment of fair compensation or
reparation.”
120. The Court considers that, as it has consistently held, for reparations to be
granted, the Respondent State should first be internationally responsible of
the wrongful act. Second, causation should be established between the
wrongful act and the alleged prejudice. Furthermore, and where it is
granted, reparation should cover the full prejudice suffered. Finally, the
Applicant bears the onus to justify the claims made.33
121. As this Court has earlier found, the Respondent State violated the
Applicant’s rights to life, a fair trial, and not be subjected to inhuman and
degrading treatment protected under Articles 4, 7, and 5 of the Charter
respectively. Based on these findings, the Respondent State’s responsibility
has been established, and the prayers of the Parties will be examined
thereon.
122. As stated earlier, an applicant bears the burden of providing evidence to
support his/her claims for material prejudice. The Court has also previously
33
Amini Juma v. Tanzania (merits and reparations), § 141; Armand Guehi v. Tanzania (merits and
reparations), § 15; Norbert Zongo and Others v. Burkina Faso (reparations) (5 June 2015) 1 AfCLR 258,
§§ 20-31.
32