C) Allegation of violation of the obligation to respect the rights of journalists and
the right to freedom of expression
171. The obligation to respect the rights of journalists as far as this matter is concerned,
is enshrined
in article 66(2)(c) of the Revised ECOWAS
“2 [... Member
States of ECOWAS]
Treaty, which provides that:
undertake (c) to ensure respect for the rights of
journalists”.
Regarding the right to freedom of expression, this right is guaranteed under article 9 of
the Charter and article 19(2) of the ICCPR.
According to Article 9 of the Charter:
“4. Every individual shall have the right to receive information.
2. Every individual shall have the right to express and disseminate his opinions within the
law”.
3
For its part, article 19 (2) of the ICCPR provides that:
“2. Everyone shall have the right to freedom of expression; this right shall include freedom
to seek, receive and impart information and ideas of all kinds, regardless of frontiers,
either orally, in writing or in print, in the form of art, or through any other media of his
choice”.
172.
In
their
application,
the
Applicants
allege
violation
of all the
aforementioned
provisions. They state that “in more specific terms, the murder of Norbert Zongo and his
companions is a violation of paragraph 2(c) of article 66 of the Revised ECOWAS Treaty,
according
to which
Zongo
had
the
right to be
protected
against
unlawful
acts
of
aggression, resulting from, or relating to the free exercise of his profession as a journalist
and to benefit from effective remedies in case such rights were violated”.
“0
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