Alleged Violation of the right of the Senegalese to assembly and freedom of
expression.
152. Though the Court has held that the rights of the Senegalese to assembly
and freedom of expression were violated by the ban on political
demonstrations, they have not identified the harm or damage they
suffered, the basis upon which the Respondent challenged the relief for
compensation claimed by the Applicants.
153. The Applicants assert in their submission that freedom of expression
includes freedom to disseminate one’s opinion regardless of the means of
expression. That carrying out a demonstration is a means of expression
which is protected by law because it is a means of expressing one’s
opinions. They state that they do not have the possibility of fully
expressing their opinions because of the prohibition imposed by the
Ministerial Order of 20 July 2011.
154. The Court in this wise is not unmindful of the fact that compensation may
be for pecuniary or non-pecuniary damages. With regards to pecuniary
damages, they are awarded as redress for tangible harm, injury or loss
which are capable of monetary calculations. Where pecuniary damages
are claimed, a victim or applicant must provide documentary evidence of
losses incurred by him/her including receipts, proof of ownership of
property, proof of employment and payment of salaries etc.
155. Non-pecuniary damages or moral damages as it is sometimes called seek
to compensate victims for suffering, including the psychological harm,
anguish, grief, sadness, distress, fear, frustration, anxiety, inconvenience,
humiliation,
and
reputational
harm
caused
by
the
violation.
46