-15B. Objection relating to Applicant's lack of status as a Journalist
49. During the Public Hearing of 20 and 21 March 2014, the Respondent State
objected to the admissibility of the matter due to the Applicant's lack of
capacity as a Journalist. It argued that: "The basic instruments of your Court
require that the Applicant provide all the particulars concerning him in his
Application. Maybe we do regret somewhat for having responded in too much of
a haste to this Application. As, subsequently, we did notice that KonatE§ Lohe lssa
was not even a Journalist and not registered with the administrative services
which are supposed to legalize the creation and existence of a Newspaper. He
does not have a Press Card which was instituted some three or four years ago.
[... ]"
50. The Respondent State also alleges that the Applicant was engaged in "illegal practice",
in that, "he was not registered with the taxation services", and that his "Newspaper was
not registered as a media outlet with the taxation services."
51.
The Court notes that this issue was only raised by the Respondent State at the
Public Hearing of 20 March 2014. The Court nevertheless granted the late submission
and allowed the Applicant to respond to the allegations; which response was provided
at the same Hearing.
Counsel for the Applicant submits that the Applicant was
convicted and punished as a Journalist who had written an article, because he had
complied with the requirements of the Information Code. In their view, that was the
judgement that was delivered.
52.
The Court notes further that the Respondent State does not rely on the
provisions of either the Charter, the Protocol or the Rules in support of its allegations.
53.
The status of the Applicant as a Journalist is however of some
significance, considering the facts of this case; the Court therefore deems it
useful to rule on this issue.
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