I.
Brief Background of the Matter
1. A suit was filed against the Applicant for defamation, public insult and abusive
language against a judicial officer, following the publication in the newspaper
"L 'Ouragan" on 1 August 2012, of an Article written by the said Applicant titled
"Counterfeiting and trafficking of fake bank notes- the State Prosecutor of Faso,
three Police Officers and a Senior Bank official, godfathers of bandits". The
Applicant had published a second Article in the following edition of L 'Ouragan on 8
August 2012, titled "Denial of Justice - The State Prosecutor of Faso: a rogue
dispenser of justice?"
2. Having been mentioned in the aforesaid Articles, the State Prosecutor of Faso filed
a suit against the Applicant for defamation, public insult and use of abusive
language against a judicial officer before the Ouagadougou High Court.
3. On 29 October 2012, the Applicant was found guilty of the offences and sentenced
to 12 months imprisonment with a fine of 1,500,000 CFA Francs (about US$
3,000) 1 , 4,500,000 CFA Francs for damages (about US$ 9,000) and costs put at
250,000 CFA Francs (about US$ 500).
4 . Publication of the Weekly L'Ouragan was also suspended for six months and the
Applicant ordered to publish, at his expense, the judgment in three consecutive
editions of the newspapers L'Evenement, L 'observateur Paalga, Le Pays, and in
L 'Ouragan, right from the first publication of the latter and for four months upon
resumption of its activities.
5. On 10 May 2013, the Ouagadougou Court of Appeal upheld the foregoing decision .
6. Seised of this matter, the African Court on Human and Peoples' Rights (hereinafter
referred to as "the Court") in a Judgment of 5 December 2014, held
that the
Respondent State violated Article 9 of the African Charter on Human and Peoples'
1
Equivalent calculated on the basis of 1 US$ = 500 CFA F
3