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Umuhoza v Rwanda (Application No. 003-2014)

African Court on Human and Peoples' Rights · [2018] AfCHPR 73 · 2018 Application Partly Allowed — Damages Awarded AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for reparations following judgment finding violations of human rights
Decision
Applicant awarded partial reparations; prayer for expungement dismissed; Respondent State ordered to pay compensation and submit implementation report

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights held that the Applicant was entitled to reparations for violations of her rights to fair trial and freedom of expression established in the principal judgment of 24 November 2017. The Court dismissed the prayer for expungement of conviction but awarded FRw 10,230,000 for material prejudice (legal fees and administrative costs) and FRw 55,000,000 for moral prejudice suffered by the Applicant, her husband, and three children. The Court declined to order annulment of the sentence as this had been addressed in the principal judgment.

Outcome

Applicant awarded partial reparations; prayer for expungement dismissed; Respondent State ordered to pay compensation and submit implementation report

Facts

The Applicant was arrested in February 2010 and charged with propagating genocide ideology, complicity in terrorism, sectarianism, and attempting to destabilise the government. She was sentenced to eight years imprisonment by the High Court of Kigali on 30 October 2012. On appeal, the Supreme Court increased her sentence to fifteen years on 13 December 2013. She filed an application before the African Court on 3 October 2014. In its judgment of 24 November 2017, the Court found violations of her rights to fair trial and freedom of expression under the African Charter and ICCPR. The Applicant was granted presidential pardon and released on 15 September 2018. This judgment addresses her application for reparations filed following the principal judgment.

Issues

  1. Whether the Applicant is entitled to annulment of her prison sentence and expungement of her conviction from judicial records.
  2. What quantum of reparation should be awarded for material prejudice including legal fees, administrative costs, and prison expenses.
  3. What quantum of reparation should be awarded for moral prejudice suffered by the Applicant and her family members.

Orders

  • Prayer for expungement of conviction from judicial records dismissed.
  • Respondent State ordered to reimburse the Applicant FRw 10,230,000 for material prejudice.
  • Respondent State ordered to pay the Applicant FRw 55,000,000 as compensation for moral prejudice suffered by herself, her husband, and her three children.
  • All amounts to be paid within six months from notification of judgment, failing which interest on arrears calculated at the rate set by the Central Bank of Rwanda shall apply.
  • Respondent State ordered to submit a report on implementation within six months from publication of judgment.

Rules and key headnotes

Reparations — Principles — Full Reparation for Internationally Wrongful Acts
A State found guilty of an internationally wrongful act is required to make full reparation for the damage caused to the victim, which must, as far as possible, erase all consequences of the wrongful act and restore the state which would presumably have existed if that act had not been committed.
Reparations — Burden of Proof — Causal Link
The burden of proof in applications for reparation lies on the applicant, who must provide evidence establishing a causal link between the alleged violation and the prejudice caused, and must substantiate each prayer with probative supporting documents.
Reparations — Material Prejudice — Legal Fees and Administrative Costs
Procedural costs including lawyers' fees and administrative charges for obtaining judicial records are part of the concept of reparation and may be ordered to be reimbursed by the respondent State where the applicant provides evidence of payment and establishes the link between the expenditure and the violation.
Reparations — Moral Prejudice — Presumption of Harm
When persons are detained under restrictive conditions characterised by isolation, deprivation of food, and prohibition from receiving visitors, the moral prejudice they invoke is presumed, such that it is no longer necessary to show proof to the contrary.
Reparations — Moral Prejudice — Injury to Reputation and Professional Opportunities
Injury to an applicant's professional reputation and employment opportunities resulting from a campaign of denigration and violations of human rights must be repaired through monetary compensation.
Reparations — Moral Prejudice — Family Members as Victims
Direct or close members of the family who suffered physically or psychologically from the situation of the victim fall within the definition of 'victim' and may claim reparation for moral prejudice caused by such suffering.
Reparations — Presidential Pardon — Effect on Compensation
A presidential pardon leading to an applicant's release constitutes a form of reparation of moral damage but does not preclude the payment of monetary compensation for violations of human rights including the right to freedom of expression.

Legislation cited (4)

  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 22
  • African Charter on Human and Peoples' Rights Article 7(1)(c)
  • African Charter on Human and Peoples' Rights Article 9(2)
  • International Covenant on Civil and Political Rights Article 19

Cases cited (7)

  • Beneficiaries of the Late Norbert Zongo and Others v Burkina Faso (Application No. 013/2011)
  • Lohé Issa Konaté v Burkina Faso (Application No. 004/2013)
  • PCIJ, Chorzow Factory, Germany v. Poland, Jurisdiction, Determination of Indemnities and Merits 26/7/1927, 16/12/1927 and 13/9/1928, Rec. 1927, p. 47
  • Reverend Christopher Mtikila v United Republic of Tanzania (Application No. 011/2011)
  • Inter-American Court of Human Rights; Lori Berenson v. Peru, Série C, No. 119/2004, § 237
  • Murat Vural v Turkey (Application No. 9540/07)
  • United Nations Administrative Tribunal, Falsa Case, Opinion No. 12/7/1973, Rec., 1973, § 46, p. 25

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Umuhoza v Rwanda (Application No. 003-2014) [2018] AfCHPR 73 (7 December 2018)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.