b) Amend it in accordance with Burundi’s obligations as
specified in Articles 6(d) and 7(2) of the Treaty by
striking out or amending Articles 5 to 10, 17 to 20, 26
to 35, 44 to 46, 48 to 54, 56 to 64 and 66 to 69 of the
Press Law.
C. THE APPLICANT’’S CASE
12. The Applicant’s case is contained in the Reference, the annexures to it,
a document titled “Amended Reply” filed on 30th March, 2014, written
submissions filed on 3rd November, 2014, and Rejoinder submissions
filed on 2nd December, 2014.
13. Mr. Donald Deya at the hearing also handed to Court his talking points
to guide his oral highlights of the above submissions.
14. It was the Applicant’s contention that the Press Law received wide
criticism even before its enactment when the UN Office of the High
Commissioner for Human Rights in a press statement urged the Burundi
Legislature to review it “to ensure its conformity with international human
rights standards”.
15. The African Union Special Rapporteur for Freedom of Expression and
Access to Information also contended that “[criminal defamation, insult
and false news] are often used by government officials and corporates
interests to punish legislative criminal expression.” He added that
Burundi had acted with a view to restricting amongst others
“infringements that could affect the credit of the state and national
economy” and “information that could affect the stability of currency” and
if passed, would have the potential to reverse the gains that the country
had made in the area of media freedom.
16. After the passage of the Law, the Applicant claimed that criticism
continued with among others, the United Nations Secretary General, Ban
Reference No. 5 of 2013
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