[2016] AfCHPR 40

[2016] AfCHPR 40

The Court found that Burkina Faso violated the Applicant's rights to freedom of expression by imposing custodial sentences and excessive pecuniary penalties for defamation, contrary to the African Charter, ICCPR, and ECOWAS Treaty. The Court held that the Applicant was entitled to restitution and compensation for both material and moral damages directly resulting from these violations. It awarded compensation for loss of income and reasonable family expenses, but dismissed claims for equipment loss due to lack of evidence. The Court reduced the claimed amounts based on equity, considering the absence of full documentary proof and the context. It ordered expungement of criminal...

Citation
[2016] AfCHPR 40
Parties
Applicant: Lohé Issa Konaté; Respondent: Burkina Faso
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
3 June 2016
Case Number
Application 004/2013
Procedural Posture
Application for Reparations / Judgment on Reparations
Outcome
application_partially_granted
Judges
Ben Achour J, Bossa J, Guissè J, Kioko J, Matusse J, Niyungeko J, Orė J, Ouguergouz J, Ramadhani P, Tambala J, Thompson VP
Legal Topics
Freedom of Expression, Defamation Liability, Compensation for Human Rights Violations, Judicial Review of Penalties
Source Language
English
Constitutional Law Civil Procedure Freedom of Expression Defamation Liability Compensation for Human Rights Violations Judicial Review of Penalties

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Parties

Lohé Issa Konaté

Applicant

Burkina Faso

Respondent

Procedural Posture

Application for Reparations / Judgment on Reparations

Legal Issues

  1. 1 Whether the Respondent State's criminal conviction and penalties for defamation violated the Applicant's rights under the African Charter, ICCPR, and ECOWAS Treaty.
  2. 2 Whether the Applicant is entitled to restitution and compensation for material and moral damages resulting from the wrongful acts of the Respondent State.
  3. 3 Whether the imposed fines, damages, and costs were excessive and disproportionate under international human rights standards.

Ratio Decidendi

The Court found that Burkina Faso violated the Applicant's rights to freedom of expression by imposing custodial sentences and excessive pecuniary penalties for defamation, contrary to the African Charter, ICCPR, and ECOWAS Treaty. The Court held that the Applicant was entitled to restitution and compensation for both material and moral damages directly resulting from these violations. It awarded compensation for loss of income and reasonable family expenses, but dismissed claims for equipment loss due to lack of evidence. The Court reduced the claimed amounts based on equity, considering the absence of full documentary proof and the context. It ordered expungement of criminal...

Court Disposition

application_partially_granted

Orders

  • The Respondent State shall expunge all criminal convictions against the Applicant from his judicial records.
  • The Respondent State shall revise downwards the fines, damages, and costs charged against the Applicant to ensure compliance with necessity and proportionality.