sedition or high treason and there would be no talk of criminal
defamation. The State's duty to enforce the obligation on an individual
under Article 27(2) of the Charter to exercise rights "with due regard to
the rights of others, collective security, morality and common interest"
cannot justify the criminilization of expression of speech by way of
criminal
defamation
laws
of any
kind,
whether
punishable
by
incarceration or not. Access to civil action, civil sanction, together with
specifically defined crimes for safeguarding national security, public
peace and the common interest, should be sufficient. For this Court to
hold otherwise would not only be a step backward in the evolution of
human rights in Africa, but also out of consonance with the letter and
spirit of the Charter, which it is established to uphold.
5.
Finally, given our view that the Applicant's conviction was in the first
place invalid, it is immaterial whether the punishments imposed are
excessive or lenient. There should have been no punishment based on
criminal defamation at all; the aggrieved person should have resorted to
other avenues than to criminal recourse. That being our view, we would
therefore frame the Orders differently, as follows:
(A) Articles 109 and 110 of the Burkina be Information Code, as well
as Article178 of the Burkinabe Penal Code, are in conflict with
Article 9 of the African Charter on Human and Peoples' Rights and
therefore invalid;
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات