40. The African Commission affirms the “fundamental importance of freedom of expression and information as an individual human right, as a cornerstone of democracy and as a means of ensuring 2 respect for all human rights and freedoms” . 41. The African Commission also holds that Article 9 “reflects the fact that freedom of expression is a basic human right, vital to an individual‟s personal development, his political consciousness, and participation in the conduct of public affairs in his country” (see communications 105/93, 128/94, 130/ 94, 152/96 Media Agenda and Constitutional Rights Project/Nigeria ). 42. The communication alleges that Mr Ghazi Suleiman was arrested, detained, mistreated, and punished for his promotion and encouragement of human rights, which the Respondent State claims are inconsistent with its laws. These activities consisted of speaking out about violations of human rights, encouraging the government to respect human rights, encouraging democracy in his public speeches and interviews, and discussing democracy and human rights with others. These activities have not been conducted secretly, but have been carried out in public by Mr Ghazi Suleiman for many years. 43. It is alleged that Mr Ghazi Suleiman was exercising his right to freedom of expression to advocate for human rights and democracy in Sudan and was stopped; or, he was contemplating the exercise of his human rights for the same reasons but was prevented from exercising these rights. th 44. During the 27 Ordinary Session of the African Commission, the Representative of the Respondent State did not contest the facts adduced by the Complainant, however, he states that the 1998 Constitution of Sudan guarantees the right to freedom of movement ( Article 23 ), right to freedom of expression (Article 25 ) and the right to freedom of association (Article 26 ). He did not provide any defence to the allegations of arrests, detentions and intimidation of Mr Ghazi Suleiman. 45. The Respondent State did not submit arguments on the merits in respect of this communication. In the view of the foregoing, the African Commission shall base its argument on the elements provided by the Complainant and condemn the State‟s failure not to submit arguments on the merits. 46. In adopting the Resolution on the Right to Freedom of Association, the African Commission noted that governments should be especially careful that “in regulating the use of this right, that the competent authorities should not enact provisions which would limit the exercise of this freedom…[and that]…the regulation of the exercise of the right to freedom of association should be consistent with 3 State‟s obligations under the [African Charter]. ” Mr Ghazi Suleiman‟s speech is a unique and important part of political debate in his country. 47. Article 60 of the [African] Charter provides that the African Commission shall draw inspiration from international law on human and peoples‟ rights. 48. The European Court on Human Rights recognises that “freedom of political debate is at the very 4 core of the concept of a democratic society…”. 49. The African Commission‟s view affirms those of Inter-American Court of Human Rights which held that: “freedom of expression is a cornerstone upon which the very existence of a society rests. It is indispensable for the formation of public opinion. It is also a condition sine qua non for the development of political parties, trade unions, scientific and cultural societies and, in general, those who wish to influence the public. It represents, in short, the means that enable the community, when exercising its options, to be sufficiently informed. Consequently, it can be said that a society that is not 5 well informed is not a society that is truly free.” 50. The Inter-American Court states that: “when an individual‟s freedom of expression is unlawfully restricted, it is not only the right of that individual that is being violated, but also the right of all others to 6 „receive‟ information and ideas”. It is particularly grave when information that others are being denied concerns the human rights protected in the African Charter as did each instance in which Mr Ghazi Suleiman was arrested. 51. The charges levied against Mr Ghazi Suleiman by the government of Sudan indicate that the government believed that his speech threatened national security and public order. 52. Because Mr Suleiman‟s speech was directed towards the promotion and protection of human 7 rights, “it is of special value to society and deserving of special protection”. 53. In keeping with its important role of promoting democracy in the continent, the African Commission should also find that a speech that contributes to political debate must be protected. The