101. Reference of threat to national security simplicita is not a magic wand to
deflect an allegation of the violation of a human rights violation without
specifying the issue of national security being protected or sought to be
protected.
102. Additionally, the Court notes the duration of the ban which came into
operation on 20 July 2011 and remains active up to 14 September 2020
when this Application was filed. The apt question to ask is whether the
alleged threat to national security still exists in reality even as of the time
this Application was filed. The Respondent ought to provide convincing
reason(s) for the continued operation of the ban which has assumed an
indefinite character.
103. The Court notes that even when interference in a guaranteed human right
is lawful, it is not expected to serve as a perpetual obstruction or denial of
the enjoyment of the right. The Court is of the considered opinion that the
prolonged and indefinite restriction imposed by the operation of the ban
is unreasonable and unjustified. Indeed States must not only safeguard the
right to assemble peacefully but also refrain from applying unreasonable
indirect restrictions upon the right. DJAVIT AN V. TURKEY (APPLICATION
NO. 20652/92) JUDGMENT OF 20 FEBRUARY 2003.
104. The purpose of any interference by Government is to facilitate and not to
prevent or restrict the right, as steps taken relative to the rights to freedom
of assembly shall have the primary purpose of enabling the exercise of the
rights and not to restrict it. (PARAGRAPH 71 OF THE ACHPR GUIDELINES
ON FREEDOM OF ASSOCIATION.
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