28. In the instant case, the Applicants are in fact claiming reparations both for the moral
prejudice endured by them, and for the material prejudice suffered by the MBDHP ; and
so, the Court will naturally examine the two types of damages.
29. The Court also notes that reparation may take several forms. According to Article 34
of the ILC Draft Articles above cited :
"Full reparation for the Injury caused by the internationally wrongful act shall take the form of
restitution , compensation and satisfaction, either singly or in combination, in accordance with
the provisions of this chapter.9
30. Lastly, the Court notes that, in the instant case, the internationally wrongful act
generating the international responsibility of the Respondent State is the violation of
Article 7 of the Charter because this State "did not act with due diligence in apprehending,
prosecuting and putting on trial those responsible for the murder of Norbert Zongo and
his three companions"10 • All these claims for reparation must therefore be considered and
assessed in relation to the wrongful act, and only in relation to this act.
31 . In light of all the foregoing observations, the Court will now examine the different
claims for reparation filed by the Applicants.
Nat1ons
Yearbook of the International Law Commission, 2001 , vol. II (2); See in this respect: United
No
cation
Communi
2005,
May
17
of
Decision
Committee against Torture: Kepra Urra Gundi v. Spain,
No
ation
Communic
2007,
r
Novembe
7
of
Decision
Tunisia,
212/2002, para 6 8; Idem. All Ben Salem v.
the
269/2005, para. 16 a· "The Committee considers that redress should cover all the harm suffered by
there
that
guarantee
to
measures
and
victim
the
of
ion
rehabilitat
tion,
compensa
victim, Including restitution ,
PCIJ· The
Is no recurrence ot the violations, while always bearing in mind the circumstances of each case•
Castillo
IACHR
47,
Factory at Chorz6w (Merits}, Judgment of 13 September 1928, Series A. No 17, p.
Barnos
,IACHR:
51
and
48
Paez v Peru (Reparations and Costs), Judgement ot 27 November 1998, paras
25;
para
,
2001
r
Novembe
30
of
Altos, Chumbipuma Agwrre and Others v. Peru (Reparations), Judgment
77
para
2002,
August
29
of
Judgment
IACHR Caracazo v Venezuela (Reparations and Costs),
9
10
Judgment of the Court m th1s Matter dated 28 March 2014 , para. 156.
11