'I'
1.•••
ACHPR.\!
African Commission on
Human and Peoples' Rights
and competent
Human Rights our
Collective Responsibiiity
tribunal was also violated, She also referenced the Commission's
I
jurisprudence-" to support her submissions!
105.
!
I
She also alleges that her right to examine a witness was violated because the
trial Court denied her the right to call two efpert witnesses who would have provided
expert opinion regarding whether her activities amounted
to journalistic work or
otherwise and did not provide any reason for the denial. She also submits that the
Federal Supreme Court failed to recognisJ the
expert evidence on
appeal and instead ~p~culated on the aQility of,'
to refute
prosecution evidence and concluded that t1~.,?T~0~~, U.1'J.··~~:;:::.ff'}.;.~'.~··l;.~J,.,~!'::t':~'~';~M~;~!~~",~!
of
amount to journalistic work. In support.;£~rer suBhiti:~lQns, .;
the European Court of Human Rights29 in tl).i~'Yegard.,;'
.
" ,,<.
! ','
':iV:i\~(;'.
Alleged violation of Article
-:lJ
106.
. 1
!
, !
'
. the Resp~n<ltent State has violated her
The Second CompHh"c:1
right to freedom of/~0_BE:~W~ion
a '.\ s ,"
" ._ ....
"
n",·:.s:~"
\"
,:~,:,,(~>:,_-- ~.;>
,;,6{theCharter because she was
,~
ed and '~bnvict'
baseles
" arges that were solely aimed at
.1 " ork. The Second Complainant submits
punishing her
that the Commis
n has elaborated~~he
igations of State Parties under Article 9 of
the·;C~~rter in its19<fl~I~tion of P~i,;;ciPlesion Freedo~ ~f Expression in Africa and
,
·"':·\;::',:~::V·.:~·, '_
made, reference
......
_ ,~·_;,r~;l
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to' Arficl~!.'@'J'itp'~reofwhich defines Freedom
" .. . .'
.
of Expression and
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···'·,j;:'0·8"'·'
In£orITi~F~~';l"'a~f'r~r21,::'fi;~,jimdamental
and inaFenable human right and an indispensable
\,;~
•
. .:
',' ., .. ' ...•
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componen(ofaemocracj/~
>
'
and Article 16 thereof which obligates State Parties to make
,
./
every effort, to give practical effect to the p~inciples outlined in the Declaration. That
the importance-of this right has also been ~on£irmed by the Commission in many of
its decisions s~ch as Constitutional Rights Project, Civil Liberties Organisation and Media
",\)~ANAflIDp
~o~ ~~,(ARIAr
.
f/.J'
,
I~
~~CI~.
/",~,'
~o.o
<'<tr.'
1)
Koso and others v. Democratic Republic of Congo, Communication No. 281/03 (~~Mayp'oqf~~.
79~• .g, ~
29 European Court of H~man Rights (IECt~"),.popov
v. Russia, Application No. 26853/04~t~ Jul~ 200~hB~).'a.18~;
ECtHR, Bocos-Cuesta v. The Netherlands, Application No. 54789/00 (10 November 2005), pa .~2-7-3'and ECSlif.-"Wlettblck
28 Wetsh'okonda
::',':n~
tiOn
APP'i<a
age
A~",.":·" ..
,
§ .~ ,
~~~g~~
No2454'
/94
(18 June 2002) . .. ...
'
The commiS"';;:s.~~fJ.
African
...
~
~OMMEf_' ~~.!.1~~tS
31 Bll110 Annex Layol:ifi<1*0'I!bo~p't:th District,
West CoasfRegion
Gambia
Phone: (220) 230 4361 Fax: (220) 441 0504
Email: au-banjul@africa-union.org
https:/achpr.au.intiO 0 CJ