ii. Alleged violation of Article 14 of the Charter as concerns radio Solei!
FM and SIKKA TV
270 .
With regard to cutting of the signals of the Soleil FM radio and the SIKKA TV
channel, the Court notes that the decisions giving rise to the alleged violations were
taken by the media regulatory authority in contravention of the extant rules and
procedures":
271.
It emerges from the documents on file that prior to HAAC's decision to terminate
the activities of the media facilities in question and to seal off SIKKA TV , HAAC did
not comply with the extant regulation which provides that the Applicant, holder of
the licences, be served with notice of default and that HAAC await findings of noncompliance with the set conditions.
272.
The Court holds in conclusion that in closing the Solei! FM and SIKKA TV, the
Respondent State violated the Applicant's rights as spelt out in Article 14 of the
Charter.
F. Alleged violation of the State's duty to guarantee the independence of
the courts
273.
The Applicant submits that the Respondent State violated Article 26 of the
Charter by breaching its obligation to guarantee the separation of powers ,
particularly the independence of the judiciary. He denounces political power
interference in the conduct of the judicial proceedings against him and speaks of
"a plot and machination at the highest echelon of the State" where the jury has
turned itself into judge.
According to the Organic Law establishing the High Authority for the Audiovisual and Communication
(HAAC) in the Republic of Benin, "in case of non-compliance with the recommendations, decisions and
formal notices by the holders of licenses for the install '
and operatio of private sound and
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