Gravely alarmed by the arrests and prosecutions of journalists and political opposition members, charged with terrorism and other offences including treason, for exercising their peaceful and legitimate rights to freedom of expression and freedom of association= 265. In Monim Elgak and Others v Sudan (Elgak case),52the Commission held that limitations of the rights recognised in the African Charter must not merely be prescribed by law, but must be based on legitimate public interest; and that the inconvenience caused by the restrictions should be absolutely necessary and strictly proportional. 266. The Commission finds that while no compelling evidence has been produced before it to support the allegation of torture under Article 5 of the African Charter, there is sufficient evidence to support the claim of arbitrary arrests and imprisonment in violation of Article 6 of the African Charter and to establish a violation of the right of the accused to a fair trial. 267. The inability of the Respondent State to show that the restrictions imposed on the Complainants by virtue of the Anti-Terrorism Proclamation No. 652/2009 are legitimate, absolutely necessary and strictly proportional suggests that the Anti-Terrorism Proclamation No. 652/2009 is in violation of the African Charter. Therefore, the Commission finds that the Respondent State is in violation of Articles 5, 6 and 7 of the African Charter. 268. The Commission will now deal with the alleged violations of Articles 8, 9, 10 and 11 of the African Charter. 269. Article 8 of the African Charter provides that the "Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms", while Article 9 of the African Charter provides that: 1. Every individual shall have the right to receive information. 2. Every individual shall have the right to express and disseminate his opinions within the law. 270. Article 10(1) of the African Charter provides that "Every individual shall have the right to free association provided that he abides by the law", and Article 11 of the African Charter provides that: Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by laui in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others. 271. While the recognition of the right to freedom of conscience, profession and the free practice of religion is "subject to law" in Article 8 of the African Charter and the right to express and disseminate opinions must be done "within the law" in Article 9 of the, . Charte~, both c.onditionalities do not gr~nt th: Respon~ent State a carte blan~~e qVeA~~f).o"'~'~ (<" I to restnct the rights and freedoms enshrined in the African Charter. 51 African Commission ACHPRjRes.218 52 n 40 above, "Resolution (LI) 2012". para 118. on the Human Rights Situation in the Democratic Repu .. 0 .J;-f.~;! t" Y 01 Ethio~@1:i "l. ~I' ( Q'(,,'? "'1; ... vI\' ~~-RIC"'\'"~ -0?';, "'o~ er O£' <f< ;.' ~=::::--__ ..42