June 1991, except where
Information
Code”;
they contravened the ethics of the profession as set out in the
that Norbert Zongo
‘whose
pen
was
rather sharp
against the
Government, had never been subjected to any disciplinary or legal action’;
and that the
Weekly “L’Indépendant’ of which he was Director of Publication, and its newspapers
had
never been closed down or seized by Government officials”.
178. The
Respondent
concluded
that, in view of
the foregoing
observations,
the
allegations, specifically those regarding violations of article 9(1) and (2) of the Charter,
article 19 (2) of the ICCPR and article 66(2)(c) of the Revised ECOWAS
Treaty, were
unfounded.
179. At the Public Hearing of 28 November 2013, Respondent State further argues that
since Norbert Zongo had never complained to the courts about the death threats against
him, he was not entitled to special protection by the State, given the principle of equality
of all citizens before the law.
180. The Court is of the view that in the instant case, article 66(2)(c) of the Revised
ECOWAS
Treaty and article 9 of the Charter on the alleged violation should be read
jointly. Whereas
the first deals with the rights of journalists in general, the second
guarantees their freedom of expression in particular. Against this background, according
to the allegations
guaranteed
made
by the Applicants,
the
rights of journalists which
should
be
by the Respondent State are specifically the right to life and the right to
freedom of expression.
181. Regarding the right to life, the Applicants allege that the Respondent had failed in its
obligation to prevent and to protect Norbert Zongo against the death threats which he
stated he had received.
182.
However, the Court had, in its Ruling of 21 June 2013 on the preliminary objections,
already
recognized
that it does
not have jurisdiction
rationae temporis to hear the
allegation of “violation of the right to life based on the assassination on 13 December
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