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Beneficiaries of Late Zongo and Others v. Burkina Faso
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Equality in protection of law — Right to life — Right to be heard by competent national courts — Right to freedom of expression in respect of journalists — Enhanced apprehension in media circles to exercise their rights to freedom of expression — Obligation of States to adopt legislative measures to protect rights under African Charter on Human and Peoples’ Rights, 1981 — Obligation of States to adopt measures other than legislative measures — Whether respondent State’s failure to identify and try assassins violating Articles 1, 3, 4, 7 and 9 of African Charter on Human and Peoples’ Rights, 1981 — Articles 2(3), 6(1), 14 and 19(2) of the International Covenant on Civil and Political Rights, 1966 — Article 66.2(c) of Revised Treaty of the Economic Community of West African States, 1993 — Article 8 of Universal Declaration of Human Rights, 1948
International tribunals — African Court on Human and Peoples’ Rights — Admissibility of application — Failure to appeal to Burkina Faso’s Cour de Cassation — Exhaustion of local remedies — Exception to the rule on exhaustion — Unduly prolonged local procedures
Damages — Reparations — Quantification — Pecuniary damages for moral prejudice — Natural persons applicants — Notion of victim — Evidence required before international court — Article 26(2) of Protocol — Causal link between wrongful act and moral prejudice — Legal entity — Material prejudice — Fees and expenses — Measures of satisfaction — Cessation of violation — Repairing consequences of violation of Article 7 of African Charter on Human and Peoples’ Rights, 1981
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- © Cambridge University Press 2018