0009
VIII.
2
?
REPARATIONS
80.
Article 27(1) of the Protocol stipulates that: "lf the Gourt finds that there has been
violation of a human or peoples' rights, it shall make appropriate orders to remedy the
violation, including the payment of fair compensation or reparation."
81.The Court recalls its earlier judgments and restates its position that, "to
examine and assess Applications for reparation of prejudices resulting from
human rights violations, it takes into account the principle according to which
the State found guilty of an internationally wrongful act is required to make full
reparation for the damage caused to the victim'.
22
82.The Court also restates that the purpose of reparation being restitutio in
integrum it "...must, as far as possible, erase all the consequences of the
wrongful act and restore the state which would presumably have existed if that
act had not been committed."23
83. Measures
that a State must take to remedy a violation of human rights must
include restitution, compensation and rehabilitation of the victim, as well as
measures to ensure non-repetition of the violations taking into account the
circumstances of each case.24
84.The Court further reiterates that the general rule with regard
to
material
prejudice is that there must be a causal link between the established violation
and the prejudice suffered by the Applicant and the onus is on the Applicant to
Mohamed Abubakai v Tanzania (Merits), S 242 (ix), Application No. 003/2014. Judgment ol 711212018
(Reparations), lngabire Victoire tJmuhoza v Republic of Rwanda (hereinafter referred lo as lngabire
22
Umuhoza v Rwanda (Reparations)"), S 19.
Application No. 007/2013. Judgment of 4/0712019 (Reparations), Mohamed Abubakari v United Republic
of Tanzania, g 21 , Application No. 005/2013. Judgment oI 410712019 (Reparations), Alex Thomas v United
Repubtic of Tanzania, g 12, Application No. 006/2013. Judgment of 41Q712019 (Reparations), Wifred
Onyango Nganyi and I others v United Republic of Tanzania, $ 16.
2a lngabire Umuhoza v Rwanda (Reparations),
S 20.
23
27
e
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