konate c burkina faso requete 0042013 2016 afchpr 41 3 juin 2016

konate c burkina faso requete 0042013 2016 afchpr 41 3 juin 2016

Criminal sanctions for defamation, excessive fines, and suspension of publication violated Article 9 of the African Charter, Article 19 of the ICCPR, and Article 66(2)(c) of the ECOWAS Revised Treaty. Applicant entitled to material and moral compensation, but quantum reduced based on equitable assessment and lack of...

Source-derived case information.

Citation
konate c burkina faso requete 0042013 2016 afchpr 41 3 juin 2016
Parties
Applicant: Lohe Issa Konate; Respondent: Burkina Faso
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2016
Procedural Posture
Human Rights Reparations / Final Judgment on Reparations
Outcome
Applicant partially succeeds; reparations awarded.
Legal Topics
Freedom of Expression, Defamation, Criminal Sanctions, Reparations, Fair Trial
Source Language
en
Human Rights Constitutional Law International Law Freedom of Expression Defamation Criminal Sanctions Reparations Fair Trial

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Parties

Lohe Issa Konate

Applicant

Burkina Faso

Respondent

Procedural Posture

Human Rights Reparations / Final Judgment on Reparations

  1. 1 Whether criminal sanctions for defamation violate international human rights standards
  2. 2 Whether excessive fines and suspension of publication constitute disproportionate penalties
  3. 3 Entitlement and quantum of material and moral damages for violations

Ratio Decidendi

Criminal sanctions for defamation, excessive fines, and suspension of publication violated Article 9 of the African Charter, Article 19 of the ICCPR, and Article 66(2)(c) of the ECOWAS Revised Treaty. Applicant entitled to material and moral compensation, but quantum reduced based on equitable assessment and lack of documentary proof for certain claims.

Court Disposition

Applicant partially succeeds; reparations awarded.

Orders

  • Respondent to expunge all criminal convictions from applicant's record.
  • Respondent to revise downward the amount of fines, damages, and costs imposed to meet necessity and proportionality criteria.