-33Articles 9 of the Charter and 19 of the Covenant.
B.
Consideration of possible violation by the Respondent State of its
international obligations
124. The Court will rule first on the allegation of violation by Burkinabe laws of the
right to freedom of expression in light of Article 9 of the Charter and Article 19 of
the Covenant. It will later consider the allegation of violation of the right to freedom
of expression by Burkina be Courts in the light of the same provisions.
i). Restrictions imposed by Burkinabe laws on freedom of expression
125. The Court will now consider whether restrictions on the freedom of
expression imposed by the Respondent State are provided by "law", within
international
standards,
pursue
a
legitimate
objective
and
are
a
proportionate means to attain the objective being sought.
a. The restriction must be provided by law
126. In the Applicant's view, "the requirement for the restriction of the right to freedom
of expression to be provided by law is more important than a mere existence of a
law for that purpose in a country's national legislation". He notes that the law "must
be clear enough such that individuals can adapt their conduct accordingly".
127. The Respondent State notes that "the provisions of the Penal and Information
Codes, relating to freedom of expression and of the press have been drafted
virtually in the same words as those of the French Law of 29 July 1881 on press
freedom" and that the "European Court of Human Rights has always considered
the provisions of the 29 July 1881 Law on press freedom to be accessible and
predictable in light of Article 10 (2) of the Convention on the Protection of Human
Rights and Fundamental Freedoms". The Respondent State submits that "its
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