AFRICAN UNION
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UNION AFRICAINE
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UNIAO AFRICANA
AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS
_ COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES
Beneficiaries of late Norbert Zongo, Abdoulaye Nikiema alias
Ablassé, Ernest Zongo and Blaise IIboudo & The Burkinabé
Movement on Human and Peoples’ Rights v. Burkina Faso
(Application No. 013/2011)
Joint Declaration of Judges Gérard Niyungeko,
Fatsah Ouguergouz, El Hadji Guisse and Kimelabalou Aba
1. In paragraph 5 of the operative part of this judgment, the Court finds that
“the Respondent State has violated Article 9 (2) of the Charter, read
together with Article 66 (2) (c) of the Revised ECOWAS Treaty”.
2. The Court indeed considered that “the Respondent State’s failure to
identify and send for trial the assassins of Norbert Zongo has provoked
fear and anxiety within the media circles” (paragraph 186), and that for
this reason, “the Respondent State has violated the right to freedom of
expression of journalists” as guaranteed by the two above-mentioned
provisions (paragraph 187 of the judgment).
3. We do admit that this failure by the Respondent State could have indeed
generated a certain degree of fear and anxiety within the media profession
in
general,
and
somehow
produced
an
“intimidating
effect”
freedom of expression of journalists (see paragraphs 173 and 176).
on
the
4. We are also of the view that when it comes to facts of a “psychological”
nature, which are generally difficult to prove, the Court did not have to
insist on getting convincing evidence.
area of the protection of human rights,
proof relating to the establishment
guaranteed under the Charter or any
We are in favour, especially in the
of an adjustment of the standard of
of the violation of certain. rights
other applicable legal instruments,
and in particular, regarding evidence of the possible “intimidat
of a behaviour by a Respondent State which would be.,coxira
international obligations.
re