37. The Court notes that the Respondent State does not contest the fact that the
Applicant incurred loss of income but regards as excessive the amount claimed by
the latter.
38. The Court will only have to consider, at th is juncture, the evidence adduced by the
Applicant in support of his claims.
39. Regarding the loss of income caused by the suspension of his newspaper,
L'Ouragan , the Court notes that the Applicant tendered a document to prove that
this Weekly was published every Wednesday and that the unit price was 300 CFA
Francs, (Annex XX).
40. The Applicant also adduced evidence regarding the publication of four editions of
5,000 copies (editions 257, 258, 259 and 260) of the Weekly, L 'Ouragan, at the unit
price of 110 CFA Francs each, (Annex XVI). However, no evidence was produced
as to his ability to sell 5,000 copies per week.
41 .The Court therefore holds that the amount of 108,000,000 million CFA Francs
claimed by the Applicant is unduly inflated, and ruling on the basis of equity, decides
to reduce the amount to 20,000,000 CFA Francs.
42. On the loss of income caused by the reduced number of editions of the weekly,
L'Ouragan upon its resumption of publication, the Court finds no difficulty in
acknowledging the fact that, after his release, the Applicant no longer had
sufficient resources to enable him publish his Weekly, L 'Ouragan, at the same
level and volume as was the case before his imprisonment. It however notes that
the latter has not produced documentary evidence for the 37,600,000 CFA Francs
he is claiming.
43 . For these reasons, the Court holds that it is more appropriate to consider the
matter in terms of equity and award the Applicant a lump sum of 5,000.000 CFA
Francs.
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