Order N° 7580 / MINSTSP of 20 July 2011 to determine its compliance
with human rights standards therefore is moot.
84. Based on the above analysis, the Court holds that the allegation of the
Applicants for the violation of their right to freedom of expression being
unsubstantiated fails and is hereby dismissed.
85. Though the Court has earlier upheld the Applicants’ competence to
maintain this action in a representative capacity on behalf of the Senegalese
people, the Court will nevertheless proceed to determine whether the
Applicants have proved the allegation that the ban on political
demonstration violated the Senegalese’ rights to freedom of expression,
freedom of assembly and freedom of movement. The Court will now
examine seriatim the allegations of the violation of these rights.
Allegation of violation of freedom of expression of the Senegalese people.
86. The case of the Applicants is that the Ministerial Order of 20 July 2011 is
an unjustified restriction on the freedom of expression of all the inhabitants
of Senegal. 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. That in order to restrict freedom of
expression, sufficient grounds must be put forward.
87. In Response, the Respondent argued that regarding the Senegalese
community on whose behalf the Applicants claim to be acting, the
Applicants have not provided any proof that the Senegalese are victims of
the said Order. On the contrary, the Order was issued to ensure their safety
from vandalism, anticipate the permanent threat of terrorism and preserve
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