-46of 12,000 USD) representing 20 times the GOP per capita in Burkina Faso, according to the World Bank. The Respondent submits in response that the civil sanctions were proportionate to the gravity of the considerable prejudice (above all, moral prejudice) suffered by Placide Nikiema. 169. The Court finds that the Respondent State has not demonstrated that the sentence of the Applicant as well as the suspension of the Weekly L'Ouragan for a period of six months was necessary to protect the rights and reputation of the Prosecutor of Burkina Faso. 170. From the foregoing, the Court concludes that all sentences pronounced by the High Court and confirmed by the Ouagadougou Court of Appeal were disproportionate to the aim pursued by the relevant provisions of the Information Code and the Burkinabe Penal Code. Since the conduct of the Burkinabe courts, fall squarely on the Respondent State, 36 the Court is of the view that the latter failed in its obligation to comply with the provisions of article 9 of the Charter, article 19 of the Covenant and article 66 (2) (c) of the revised ECOWAS Treaty with regard to the Applicant. 171. The Court adds that, as regards more specifically the payment of a fine, damages, interests and costs, the Respondent has failed to show that the amount fixed by the High Court of Ouagadougou and confirmed by the Court of Appeal does not excessively exceed the income of the Applicant. The amounts of the fine, damages, interests and costs seem all the more excessive in that the Applicant was deprived of revenue from publishing the weekly, due to its suspension for a period of six months. 36 Article 4 ("Conduct of Organs of a State"), of the Draft Articles on the responsibility of States for internationally wrongful acts adopted by the International Law Commission on 9 August 2001 provides as follows: "1. The conduct of any State organ shall be considered an act of that State under international law, whether the organ exercises legislative, executive, judicial or any other functions, whatever position it holds in the organization of the State, and whatever its character as an organ of the central Government or of a territorial unit of the State, 2. An organ includes any person or entity which has that status in accordance with the international law of the State."