·· reasonable ground, before presenting him
to a judge on 27
December 2011, has manifestly elongated, in a manner that is prejudicial
to the whole procedure that could lead to the trial of Plaintiff. The Court
therefore concludes that there is violation of Articles 7.1 (d) of the Charter
and 9.3 of the International Covenant on Civil and Political Rights.
A- On the violation of Article 7.1(b) of the African Charter on
Human and Peoples' Rights.
- Plaintiff
•
42. Mr. Badini Salfo claims that, by introducing him to the Press
during November 2010, and labeling him as the head of an armed
robbery gang «who was creating terror, both in Burkina Faso
and ' beyond [the] borders [of Burkina Faso] » and as a
« criminal » has infringed upon his right to presumption of
innocence and « thus pronouncing a judgment against him whereas
his case was yet to be taken before a competent judge. »
. - The Republic of Burkina Faso
'
-
43. Counsel to the Republic of Burkina Faso did not raise any
counter view concerning this claim.
Legal Analysis by the Court.
44. Article 7.1(b) of the Charter provides : < < every individual shall
have· the right to have his cause heard. This comprises: the right to be
pres111ned innocent until proved guilty by a competent court or tribunal
(...). ”
45. To arrive at the conclusion that his introduction to the Press
constitutes a violation of his right to presumption of innocence,
Plaintiff also bases his claim, apart from this introduction to the
Press itself, on the sensational coverage that one of the dailies in
Ouagadougou« L'Observateur Paalga » has done of it, in its ,issue
n°7760 of Friday 19 to Sunday 21 November 2010, which he
17
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