-30laws with the Constitution does not make reference to individuals. As a result, the Applicant
could not seize the Constitutional Council in order to have the laws, on the basis of which
he was convicted, overturned.
113.
On the basis of all the foregoing considerations, it could be said that the Burkinabe
Legal System does not afford the Applicant in the present matter any effective and sufficient
remedy to enable him overturn the Burkinabe laws which he is complaining about.
Consequently therefore, the Applicant did not have to exhaust the remedy at appeal or any
other remedy for that matter, after his final conviction on the merits by the Ouagadougou
Court of Appeal on 10 May 2013.
114.
The Court, having concluded that the remedy at appeal was ineffective and
insufficient and, further that the appeal to the Constitutional Council was unavailable, does
not need to rule on the submissions made by the Applicant regarding the risk of an unduly
prolonged process of appeal that he might have had to undergo before the Cour de
Cassation.
115.
Having ruled that it has the jurisdiction to hear the matter, and having concluded on
the admissibility of the Application, the Court will now consider the merits of the matter.
V. MERITS OF THE MATTER
116. The Applicant contends in his Application that his sentence to a term of
imprisonment, the huge fine and damages as well as the Court costs violate his
right to freedom of expression protected by various treaties to which the
Respondent State is a party. More specifically, he accuses the Respondent State
of violating Articles 9 of the Charter and 19 of the Covenant. He further alleges
that Article 66(2) (c) of the Revised Treaty of the Economic Community of West
African States of 24 July 1993 has been breached.
117. In its Response, the Respondent State argues that it has ratified "all international
human rights conventions and treaties" and denies any violation of Article 9 of the
Charter and 19 of the Covenant.
s-
It further argues that the provisions of the
Information and Penal Codes, as well as their enforcement by Burkinabe Courts
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