Human rights and Article 19 of the International Covenant on Civil and Political
Rights (ICCPR). Article 19 (2) of the ICCPR provides:
“Everyone has the right to freedom of opinion and expression; this right
includes the right to hold opinions without interference and to seek, receive
and impart information and ideas through any media regardless of
frontiers.”
56. It follows from the above that, interference with the Right to freedom of
expression and the Right to hold free opinions in any media constitutes a violation
of Human Rights of the Plaintiffs to freedom of expression.
57. Over the years, the Court has reviewed complaints of Human Rights violations
pertaining to the unlawful arrests, detention, disappearances and illegal killings of
journalist with the view of protecting the right to freedom of expression in the
cases of Chief Ebrimah Manneh v. The Gambia (2004 – 2009) CCJELR, 181 and
Musa Saidykhan v. The Gambia (2010) CCJELR, 139.
58. In the most recent case of Federation of African Journalists & 4 Ors v. The
Gambia (Judgment No: ECW/CCJ/JUD/04/18), the 1st Applicant who is a
representative body for journalists in Africa, in conjunction with the 2nd to 5th
Applicants, who were citizens of The Gambia instituted that action on grounds of
breach of the rights of freedom of expression. The Court held that:
“Having critically examined the criminal laws of The Gambia, the Court
declares that the criminal sanctions imposed on the applicants are
disproportionate and not necessary in a democratic society where freedom
of speech is a guaranteed right under the international provisions cited’’.
59. The court went on;
‘’It is our view that the impugned provisions cast excessive burden upon the
applicants in particular and all those who would exercise their right of free
speech and violates the enshrined rights to freedom of speech and
expression under Article 9 of the African Charter, Article 19 of the ICCPR and
Article 19 of UNDHR. “
60. This Court finds that the letter of Additional regulations from the Defendant
directing the Plaintiffs to submit their Political Live programs for vetting 48 hours
10