Konate-Decision-English.pdf

Failed in its obligation to comply with the

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failed in its obligation to comply with the provisions of article 9 of the Charter, article 19 of the Covenant and article 66 (2) (c) of the revised ECOWAS Treaty with regard to the Applicant. 171. The Court adds that, as regards more specifically the payment of a fine, damages, interests and costs, the Respondent has failed to show that the amount fixed by the High Court of Ouagadougou and confirmed by the Court of Appeal does not excessively exceed the income of the Applicant. The amounts of the fine, damages, interests and costs seem all the more excessive in that the Applicant was deprived of revenue from publishing the weekly, due to its suspension for a period of six months. 36 Article 4 (“Conduct of Organs of a State”), of the Draft Articles on the responsibility of States for internationally wrongful acts adopted by the International Law Commission on 9 August 2001 provides as follows: “1. The conduct of any State organ shall be considered an act of that State under international law, whether the organ exercises legislative, executive, judicial or any other functions, whatever position it holds in the organization of the State, and whatever its character as an organ of the central Government or of a territorial unit of the State, 2. An organ includes any person or entity which has that status in accordance with the international law of the State.”
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47 - 47 - C. Reparations 172. Both in his written submissions and at the Public hearing, the Applicant prays the Court to order the Respondent State to amend its legislation if it finds that it violates international obligations of the latter. He also prays the court to order the Respondent State to compensate, "particularly to offset the loss in income and profits and award him compensation for moral prejudice." 173. Pursuant to Rule 63 of the Rules,, "the Court shall rule on the request for reparation, submitted in accordance with Rule 34(5) of these Rules, by the same decision establishing the violation of a human and peoples’ rights or, if the circumstances so require, by a separate decision." 174. Having ruled on all the allegations made by the parties, the Court will rule on the request for compensation in a ruling, after the Parties have submitted their observations on the matter. D. COSTS 175. The Court notes that Rule 30 of the Rules provides that: "Unless otherwise decided by the Court, each party shall bear its own costs ." Based on all the circumstances of the case, the Court finds that there is no reason to depart from the provisions of Rule 30 above. 176. On these grounds, THE COURT 1) Unanimously, Declares that it has jurisdiction to hear the Application;
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48 - 48 - 2) Unanimously, States that this Application is Admissible; 3) Unanimously, Declares that the Respondent State violated article 9 of the Charter, article 19 of the Covenant and article 66(2)(c) of the revised ECOWAS Treaty due to the existence of custodial sentences on defamation in its laws; 4) By 6 votes for and 4 votes against, Declares that the Respondent State did not violate article 9 of the Charter, article 19 of
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  • Spring '16
  • Law, African Union, Burkina Faso, The Court, Respondent State

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