1988 of Norbert Zongo, Abdoulaye Nikiema, known as Ablasse, Ernest Zongo and Blaise
\Iboudou (supra, paragraph 32).
Consequently, the Court will not examine the said allegation.
183. Regarding allegation of violation of the right to freedom of expression the Court
its Ruling of 21 June 2013,
had declared that it had jurisdiction to hear the case, on
condition that it is directly linked “to the allegation of violation of the right
to have
his cause
in
(of everyone)
heard by competent national courts”.
184. In the instant case, the Applicants maintain essentially in that respect, that the very
fact that the Respondent failed to expeditiously and efficiently identify, apprehend and try
the assassins of the investigative journalist Norbert Zongo, constitutes a violation of the
freedom of expression of journalists in general, given that they run the risk of working
under fear, apprehension
and
intimidation. To this, the Respondent
State replies that
since 1991, no journalist has been disturbed by the authorities in the exercise of his
profession.
185. Viewed from this perspective, the Court observes that the allegation relates to the
right to freedom of expression of the media in general (and not that of Norbert Zongo in
particular), and that it does not concern the specific rights of individual Applicants in this
case, who are not journalists. The Court observes, on the contrary, that such allegation
could be of interest to the other Applicants in this case, namely, the Burkinabé Human
and Peoples’ Rights Movement.
|
186. In the circumstances, the Court is of the opinion that even though
State’s failure to identify and apprehend
cause fear and anxiety in
the Respondent
Norbert Zongo’s assassins could potentially
media circles, in the instant case,
however, the Applicants
have not shown proof that the Burkinabé media had not been able to exercise freedom
of expression.
187. In the circumstances, the Respondent State cannot be accused of directly violating
the freedom of expression of journalists as guaranteed under article 9 of the Charter, read
together with article 66(2)(c) of the Revised ECOWAS
50
~
Treaty, merely because it had not
© wre
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