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PostHeaderIcon African Court ruled in favour of Journalist

African Court on Human and Peoples' Rights Rules In Favour Of Burkina Faso Journalist in Defamation Application

The African Court on Human and Peoples’ Rights (AfCHPR) has ruled unanimously in favour of the Applicant (a Journalist) in a matter of Lohé Issa Konaté (Applicant) v. Burkina Faso (Respondent State), Application No 004/2013 in a judgment delivered in Addis Ababa, Ethiopia, on Friday 5 December, 2014.

The Judges ruled that the Respondent State violated Article 9 of the African Charter on Human and Peoples’ Rights; Article 19 of the International Covenant on Civil and Political Rights and Article 66(2)(c) of the Revised Economic Community of West African States (ECOWAS) Treaty.

The Applicant was sentenced to 12 months imprisonment by the Ouagadougou High Court, for three articles he published in L’Ouragan Weekly in August 2012, over alleged corrupt practices of the Prosecutor of Faso, Mr. Placide Nikiema. The 12 months sentence was confirmed by the Ouagadougou Court of Appeal. He was also ordered to pay about 6 million CFA Francs (an equivalent of 12,000 USD), comprising of fines, damages and cost. The Newspaper was also slapped a six months suspension from publication.

The Applicant filed a case before the AfCHPR in June 2013 claiming that the jail term, damages as well as court costs violated his right to freedom of expression which is protected under various treaties to which Burkina Faso is party, including African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.

In its judgment, the Court held that all sentences pronounced by the Ouagadougou High Court and confirmed by the Court of Appeal "were disproportionate to the aim pursued by the relevant provisions of the Information Code and the Burkinabe Penal Code."

The Court added: "Since the conduct of Burkinabe courts fall squarely on the Respondent State, the Court is of the view that the latter failed in its obligation to comply with the provisions of Article 9 of the Charter, Article 19 of the Covenant and the Article 66(2)(c) of the revised ECOWAS Treaty with regards to the Applicant."

In the landmark ruling, the Court has ordered Burkina Faso to amend its legislation in order to make it comply with the above Articles and to report back to the Court within two years.

Press Release: African Court 8/12/2014

 

PostHeaderIcon African Court to hear two applications during its 35th Ordinary Session

The African Court on Human and Peoples’ Rights (AfCHPR) will hear two applications separately during its 35th Ordinary Session in Addis Ababa, Federal Democratic Republic of Ethiopia.

The public hearings are:
(i) Application 006/2012: African Commission on Human and Peoples’ Rights v Kenya on 27-28 November, 2014; and
(ii) Application 005/2013: Alex Thomas v Tanzania on 3-4 December, 2014.

The hearings will be held at the Nelson Mandela Hall, African Union Headquarters, Addis Ababa. The hearings begin at 10:00 am prompt.

Both the hearings will be live streamed via http://youtu.be/HzOkbpygOPY (Application 006/2012) and http://youtu.be/UGYq3n8ZBN8 (Application 005/2013).

 

PostHeaderIcon African Court Cases & Judgments

 

Case No CASE JUDGMENT STATUS

001/2008

Yogogombaye v. Senegal

15 Dec 2009
Separate Opinion

Finalised 15/12/2009

001/2011

Femi Falana v. The African Union

30 Mar 2012
26 Jun 2012
Separate Opinion

Finalised 26/06/2012

002/2011

Soufiane Ababou v. The Republic of Algeria

16 Jun 2011

Finalised 16/06/2011

003/2011

Urban Mkandawire v. The Republic of Malawi

30 Mar 2012
21 Jun 2013
28 Mar 2014
15 May 2014

Finalised 21/06/2013

004/2011

African Commission on Human and Peoples' Rights v. The Great Socialist People's Libyan Arab Jamahiriya

25 Mar 2011
16 Jun 2011
30 Mar 2012
30 Mar 2012

Finalised ***

005/2011

Daniel Amare & Mulugeta Amare v. Mozambique Airline & Mozambique

16 Jun 2011

Finalised 16/06/2011

006/2011

Association Juristes d’Afrique pour la Bonne Gouvernance v. La Côte d’Ivoire

16 Jun 2011
5 Jun 2012

Finalised 16/06/2011

007/2011

Youssef Ababou v. The Kingdom of Morocco

2 Sep 2011
5 Jun 2012

Finalised 02/09/2011

008/2011

Ekollo Moundi Alexandre v. Cameroon and Nigeria

23 Sep 2011
Dissenting Opinion

Finalised 23/09/2011

*009/2011

Tanganyika Law Society & Legal and Human Rights Centre v. United Republic of Tanzania

22 Sep 2011

Finalised 14/06/2013

010/2011

Prof Efoua Mbozo’o Samuel v Pan African Parliament

30 Sep 2011

Finalised 30/09/2011

*011/2011

Reverend Christopher R Mutikila v The United Republic of Tanzania

22 Sep 2011
14 Jun 2013

Finalised 14/06/2013

009&011/2011

Tanganyika Law Society and the Legal and Human Rights Centre & Reverend Christopher Mtikila v. the United Republic of Tanzania

22 Sep 2011
14 Jun 2013

Finalised 14/06/2013

012/2011

National Convention of Teachers Trade Union (CONASYSED) v The Republic of Gabon

15 Dec 2011

Finalised 15/12/2011

013/2011

Claimants of the Late Norbert Zongo - Abdoulaye Nikiema alias Ablasse, Ernest Zongo and Blaise Ilboudo and the Burkinabé Movement on Human and Peoples' Rights v Republic of Burkina Faso

23 Aug 2012
21 Jun 2013

Finalised 21/06/2013

014/2011

Atabong Denis Atemnkeng v The African Union

15 Mar 2013

Finalised 15/03/2013

001/2012

Karata Ernest and others v Attorney General and United Republic of Tanzania a.k.a. Frank David Omary v The United Republic of Tanzania

15 Mar 2013
27 Sep 2013
28 Mar 2014

Finalised 28/03/2014

002/2012

Delta International Investments SA, Mr AGL De Lange and Mrs M De Lange v Republic of South Africa

15 Mar 2013
30 Mar 2013

Finalised 30/03/2013

003/2012

Peter Joseph Chacha v United Republic of Tanzania

28 Mar 2014

Finalised 28/03/2014

004/2012

Emmanuel Joseph Uko and Others v Republic of South Africa

30 Mar 2012

Finalised 30/03/2012

005/2012

Amir Adam Timan v Republic of Sudan

30 Mar 2012

Finalised 30/03/2012

006/2012

African Commission v The Republic of Kenya

15 Mar 2013

Pending

007/2012

Baghdadi Ali Mahmoudi v The Republic of Tunisia

26 Jun 2012

Finalised 26/06/2012

001/2013

Ernest Francis Mtingwi v The Republic of Malawi

15 Mar 2013

Finalised 15/03/2013

002/2013

The African Commission on Human and Peoples' Rights v Libya

15 Mar 2013

Pending

003/2013

Chrysanthe Rutabingwa v The Republic of Rwanda

-

Pending

004/2013

Lohé Issa Konaté v The Republic of Burkina Faso

4 Oct 2013

Pending

005/2013

Alex Thomas v The Republic of Tanzania

-

Pending

001/2014

Request for an advisory opinion made by: Coalition on the International Criminal Court Ltd/Gte (CICCN); Legal Defence & Assistance Project Ltd/Gte (LEDAP); Civil Resource Development & Documentation Center (CIRDDOC); and Women Advocates Documentation Center Ltd/Gte (WARDC)

-

Pending

*Applications No 009/2011 and 011/2011 have been joined by an order of the Court and are now referred to as Application 009&011/2011 - Tanganyika Law Society and the Legal and Human Rights Centre & Reverend Christopher Mtikila v. the United Republic of Tanzania.

 

PostHeaderIcon SUMMARY OF DELIVERY OF RULING IN RESPECT OF REV. CHRISTOPHER R. MTIKILA v. THE UNITED REPUBLIC OF TANZANIA

At its seat Arusha, Tanzania, today Friday 13, June 2014, 10:00 am, the African Court on Human and Peoples Right held a public hearing for delivery of ruling in respect of Rev. Christopher R. Mtikila v. the United Republic of Tanzania.

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PostHeaderIcon The African Court dismisses two Cases against the United Republic of Tanzania

The African Court dismisses two Cases against the United Republic of Tanzania

On Friday 28 March 2014, the African Court on Human and Peoples’ Rights declared two cases brought against the United Republic of Tanzania inadmissible for non-exhaustion of local remedies as required by Article 6(2) of the Protocol read together with Article 56(5) of the Charter and Rule 40(5) of the Rules.

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