43. In conclusion, the Respondent State submits that. in all, "the Applicants have not
justified their status as beneficiaries or indirect victims, and therefore cannot lay claim to
any reparation."
44. The Court notes that what is in discussion here between the parties, are the following
issues: the notion of victim who is likely to become beneficiary of reparation and
application of this notion in the instant case; the type of evidence to adduce to establish
the status of victim; and the amount of reparation being claimed. It is also important to
clarify the issue of proof of the causal link between the wrongful act and the moral
prejudice suffered .
a) The notion of victim and its application in the instant case
45. Whereas the Applicants have, in all, listed a considerable number of beneficiaries
including not only the spouse and the children of the deceased. but also their fathers
and/or mothers , their step-mothers and their brothers and sisters, the Respondent State
submits that not all of them are beneficiaries, and that in particular, according to Burkina be
law, fathers , mothers , brothers and sisters may inherit only where there are no children
and descendants. The Respondent State thus places the victims entitled to reparation
on the same footing as the heirs of the deceased persons according to Burkinabe law.
Going by this concept, and in the circumstances of this case, only the children and , where
applicable, the spouses , wou ld be the victims of the human rights violations established
by the Court.
46. The Court is of the opinion that, in international human rights law, the notion of victim
must not necessarily be limited to that of the first-line heirs of a deceased person under
national law. This notion may indeed encompass not only first-line heirs but also possibly
other close relatives of the deceased, who can reasonably be considered as having
suffered moral prejudice as a result of the violation of the human rights in question .
47. According to Principle 8 of the Basic Principles and Guidelines on the Right to a
Remedy and Reparation for Victims of Gross Violations of International Human Rights
Law and Serious Violations of International Humanitarian Law adopted by the UN General
Assembly on 16 December 2005:
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