Rights (hereinafter referred to as "the Charter"), Article 19 of the International
Covenant on Civil and Political Rights (hereinafter referred to as "the Covenant"),
and Article 66 (2) (c) of the Revised Treaty of the Economic Community of West
African States (hereinafter referred to as "The Revised ECOWAS Treaty").
7. The Court unanimously found that the Respondent State violated the aforementioned instruments in four different ways, to wit: (1 ) the existence of custodial
sentence on defamation in its laws; (2) the conviction and sentence of the Applicant
to a term of imprisonment for defamation ; (3) the conviction of the Applicant to pay
an excessive fine , damages and procedural costs; and (4) the suspension of his
newspaper for six (6) months.
8. The Court therefore ordered the Respondent State to amend its legislation on
defamation in order to make it compliant with Article 9 of the Charter, Article 19 of
the Covenant and Article 66 (2)(c) of the Revised ECOWAS Treaty. It further ruled
that the Applicant was entitled to reparations for the material and moral damage he
suffered , and urged him to make a submission to that end.
II.
Subject of the Application
9. In his Application for Reparations of 9 January 2015, the Appl icant prays the Court
to grant him the various forms of reparation set forth hereunder for the damages
he suffered as a result of the violation of his fundamental rights by the Respondent
State:
a. Set aside his conviction;
b. Set aside the Order to pay fines , damages and costs, rendered against
him ;
c. Award him pecuniary damages in the amount of 154,123,000 CFA
Francs;
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