and they also did not know what the witnesses were going to testify on. And because
of this provision of the law the defence attorneys could not get transcripts of the witness
testimonies.
187. The Complainants submitted that the violation of their right to examine and challenge
evidence and witnesses was a violation permitted under Articles 23(1), (2), (5) and 32 of
the Anti-Terrorism Proclamation No. 652/2009. In this regard the Complainants
submitted that the Commission should hold that these legal provisions violate Article 7
of the African Charter by making it impossible for the Complainants to examine and
challenge the evidence provided against them and also violated their right to a fair trial.
Alleged violation of the freedom of association (Article 10(1) of the African Charter) and
the Freedom of Assembly (Article 11 of the African Charter)
188. According to the Complainants, the Respondent State began interfering in the religious
affairs and attempting to control the training and appointing of leaders within the
Muslim community in December 2011. As a result, many Muslim civilians engaged in
peaceful protests and informal associations were formed to organize the peaceful
dissent of the community. However, the Complainants submitted that the Respondent
State's response to these peaceful protests was an aggressive indoctrination campaign,
which later prompted the popular election of Committee seventeen prominent Islamic
scholars and civil society leaders (Committee of Seventeen) in order to negotiate with
the Respondent State.
189. The Complainants submitted that they were initially members of the Committee of
Seventeen with which the Government negotiated. The Complainants submitted that
the negotiations however failed. The Respondent State responded to the continued
protests with inhumane and disproportionate measures: most of the prominent protest
leaders (including the Complainants) were arrested, tortured and convicted of
terrorism. The Complainants further submitted that the Respondent State also rounded
up an estimated one thousand peaceful protestors, including the rest of the
Complainants.
190. According to the Complainants, each of the arrested and detained Complainants
actively exercised their rights to freedom of association and freedom of assembly by
participating in the peaceful protests against the Respondent State's interference in the
religious affairs and by establishing the Committee of Seventeen in order to protect
another fundamental human right - the freedom of religion.
191. Lastly, the Complainants submitted that the Respondent State arrested and detained
the Committee of Seventeen, ignoring the fact that they were acting within the
framework of the Constitution, only to prevent future demonstrations.
192. On the basis of these submission, the Complainants requested the Commission to grant
the reliefs sought, including those that were not and are not part of the reliefs that are
set out in the Complaint before the Commission. We shall revert to this is l:l~-~ PI,
this decision.
(>~
":'-,
o"}
'"
~ .,..1 \;
4.
Y(,,:
}:3 (,
1':. ~u·\).. ) is j
"l
~~
~
",
,,~'<-"> ~" i '
<'i,
~
'V.<\.Hf(.~\~
().;o
254<."
........~
I-
(1\
q'
~..::;
_:'
: