Advisory Opinion of – 5/85 (1985) and found that freedom of expression is a condition sine qua non for the development of political parties, scientific and cultural societies and in general, those who wish to influence society. That it is also indispensable for the formation of public opinion. iii) The same Commission in Kenneth Good vs. Republic of Botswana Comm.313/05 also stated that free expression constitutes one of the essential foundations of a democratic society and is one of the basic working conditions for its progress and for the development of every man; iv) The European Court of Human Rights in Lingers vs. Austria; Appl. No.9715/82 (1986) stated that freedom of political debate is at the very core of the concept of a democratic society; v) In South Africa, in Government of the Republic of South Africa vs. ‘Sunday Times Newspaper’ & Anor (2) SA 221 (1994), it was held that the role of a free press in a democratic society cannot be underestimated and that a free press is in the front line of the battle to maintain democracy. vi) In the U.S Supreme Court in New York Times vs. United States 403 U.S 713 (1971) Black J held that only a free and unrestrained press can effectively expose the deception in Government; 48. In invoking the above decisions, the Applicant argued that the Republic of Burundi has an obligation, under Articles 6(d) and 7(2) of the Treaty, to recognize, promote and protect human and people’s rights and abide by universally acceptable standards of human rights which include respect for press freedom. Relying on the decision in Mandela vs. Falati (I) S.A Reference No. 5 of 2013 Page 15

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