vicinity of the Renaissance Monument, courts and tribunals, the Senate,
in front of hospitals and other designated areas of Dakar the Respondent’s
capital.
70. 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 such
expression which is protected by law because it is a means of expressing
one’s opinions.
71. 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.
72. On its part the Respondent contend that the freedom of expression is not
absolute as it is restricted in accordance with the law, “a) for respect of
the rights or reputations of others; b) For the protection of national
security or of public order, or of public health or morals.” That the
restrictions were made in the interest of national security, public safety,
public order, health and freedoms of others.
73. They further argue that for the Applicants to succeed in their claim, they
must prove their interests as victims by demonstrating that they have
suffered a violation of the alleged human rights or to establish their status
enabling them to bring an action on behalf of the victims. That the
Applicants who allege to be victims have not demonstrated how their
rights were violated or the injury they have suffered as a result of the
restrictions of the Order.
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