Decision of the Commission on the Merits
212. In light of the foregoing, the African Commission on Human and Peoples’ Rights:
I. Finds the Respondent State in violation of Articles 1, 2, 9 and 14 of the African Charter;
II. Requests the Respondent State to take all necessary measures to ensure that Law No. 90/052 on Freedom of Social Communication of 19 December 1990, Decree No. 2000/158 Establishing the Conditions and Modalities for the Creation and Operation of Private Audio-visual Communication Enterprises, and all other broadcasting laws and practices are brought into conformity with Article 9 of the African Charter and the Declaration of Principles on Freedom of Expression in Africa;
III. In accordance with the Complainant’s request under paragraph 114 of this Communication, calls on the Respondent State to pay the next of kin of the Victim adequate material compensation including the following:
i. The value of the seized radio equipment, amounting to 110,000 USD at 2003 exchange rates, which was damaged beyond repair;
ii. Continued rent paid for the premises where the seized equipment was located between April 2003 and July 2005;
iii. Payments made to radio technicians for installation of the equipment;
iv. Lawyer’s fees and other legal costs incurred in relation to the court’s proceedings brought to recover possession of the seized equipment and obtain a broadcasting license;
v. Loss of earnings from the investment since May 2003;
IV. Further calls on the Respondent State to pay compensation to the Victim’s next of kin for the moral damages suffered by the Victim as a result of the violation;
V. In assessing the manner and mode of payment of compensation under paragraph 200 (III) and (IV) above, calls on the Respondent State to consult the Victim’s next of kin and the legal representatives, and to be guided by international norms and practices relating to payment of compensatory damages;
VI. Requests the Parties to inform the Commission, within one hundred and eighty (180) days, of the measures taken to implement the present decision in accordance with Rule 112 (2) of the Rules of Procedure of the Commission; and
VII. Avails its good offices to facilitate the implementation of this decision.
Adopted during the 25th Extra-Ordinary Session of the African Commission on Human and Peoples’ Rights, held from 19 February to 5 March 2019, in Banjul, The Gambia
