A/HRC/39/23
family life of journalist Yuriy Nikolayevich Ivashchenko when they seized and copied files
and photos from his laptop without sufficient justification.120
52.
The African Court on Human and Peoples’ Rights heard, in 2016, a case concerning
the violations of rights of journalists. In Konaté v. Burkina Faso, the Court dealt with an
accusation of criminal defamation and ruled that a prison sentence was an inappropriate
punishment.121
53.
In 2015, the African Commission on Human and Peoples’ Rights heard UwimanaNkusi and Mukakibibi v. Rwanda.122 This case challenged the conviction of two female
Rwandan journalists to respective prison sentences of four and three years on charges of
criminal defamation and threatening national security. A decision remains pending.
54.
The East African Court of Justice confirmed in the 2015 case Burundian Journalists
Union v. Burundi123 that it had jurisdiction to hear press freedom cases. It ordered Burundi
to amend its Press Law as it violated the State’s international obligations to uphold human
rights, particularly the right to freedom of expression.
55.
The Inter-American Court of Human Rights has heard cases concerning the safety of
journalists, including two historical cases.124
56.
Civil society organizations help to bring cases before complaint mechanisms. The
Media Legal Defence Initiative provides legal defence to journalists, bloggers and
independent media and delivered, in August 2016, its second East African Litigation
Surgery in Kampala, which aimed to enhance the knowledge and skills of lawyers from
Kenya, Rwanda, Tanzania and Uganda and represent journalists, bloggers and media
outlets in national and international courts.125
VI. Effectiveness of prevention, protection, monitoring and
complaint mechanisms
57.
There have been undeniable advancements over recent years to strengthen the safety
of journalists and address prevailing impunity for violations of their rights. There now exist
numerous prevention, protection, monitoring and complaint mechanisms at the international
and regional levels, often with multiple purposes and functions, which are utilized by
States, the United Nations system, international and regional organizations, and media and
civil society actors in order to enhance the safety of journalists.
58.
Since the safety of journalists became an issue of focus at the intergovernmental
level, resolutions and other initiatives of the Security Council, General Assembly and
Human Rights Council, as well as the United Nations human rights mechanisms, have
reaffirmed and elaborated upon the application of pertinent international human rights and
international humanitarian norms and standards. The issue has also been rapidly
incorporated into the policies and operations of the United Nations, and other international
organizations, including through monitoring and reporting, awareness-raising, capacitybuilding and training. This will be further advanced through the re-establishment of the
United Nations network of focal points on the safety of journalists. Similar developments
120
121
122
123
124
125
See also Özgür Gündem v. Turkey, application No. 23144/93, judgment of 16 March 2000, in which
the Court found that, in part through the State’s failure to take adequate protective and investigative
measures in relation to the pattern of attacks on persons connected to the newspaper Özgür Gündem,
there had been a violation of freedom of expression.
See http://en.african-court.org/images/Cases/Judgment/Konate%20Judgment%20Engl.pdf.
Referred to in A/72/290, para. 53.
See http://eacj.org/wp-content/uploads/2015/05/Reference-No.7-of-2013-Final-15th-May-2c-2015Very-Final1.pdf.
See https://knightcenter.utexas.edu/blog/00-17064-inter-american-court-human-rights-opens-caseagainst-brazil-death-journalist-vladimir and www.corteidh.or.cr/docs/asuntos/carvajal_06_07_17.pdf
(in Spanish).
See www.mediadefence.org/sites/default/files/EALS%202016%20%20Evaluation%20report_final.pdf.
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