207. The Complainants aver that the Respondent State violated his right to freedom of profession (practice his profession) in terms of Article 136 (1) of the Constitution of South Sudan which states that "advocacy is an independent private legal profession", in that the Chairperson of the Bar Association wrote the letter for the waiver of the immunity under duress, and it was unlawfully used against Advocate John Gerry, instead of the person of Advocate John Kiri, thereby violating Article 8 of the African Charter. They also claim that these actions by agents of the Respondent State also violated the independence of the South Sudan Bar Association provided for in Section 43 (2) of the Advocates Act, 2013 and its freedom of association, and therefore Article 10 of the African Charter. 208. The Complainants support their argument by referring to the Commission's Principles and Guidelines on the Right fair Trial and Legal Assistance in Africa, which inter alia provides that, 'Governments shall ensure that lawyers: (a) are able to perform all of their profession functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or, other sanctions for any action taken in accordance with recognized professional duties, standards and ethics". It also states that charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice. Disciplinary proceedings against lawyers shall be brought before an impartial disciplinary, committee established by the legal profession, before an independent statutory authority, or before a court, and shall be subject to an independent judicial review. 209. The Commission notes that the constituting elements of article 8 of the African Charter are freedom of conscience and to profess and practice one's religion. It has cited freedom of conscience' and the 'profession and free practice of religion' together in the Endorois case", stating that 'freedom of conscience and religion should, among other things, mean .the right to worship, engage in rituals, observe days of rest, and wear religious garb'. 210. In interpreting this Article 8 of the African Charter, the Commission distinguished between 'profession of religion ... [as] an open declaration or affirmation of one's religion, which is an outward act', and 'freedom to practice one's religion entails all outward manifestations or observance of religious faith or belief, privately or in community with others'." The Commission also further interpreted the contents of this right in Amnesty International, Comite Loosli Bachelard, Lawyers' Committee for Human Rights, Association of Members of the Episcopal Conference of East Africa v Sudan.i? where non- Muslims were denied work, food aid and education, where food was not distributed evenly in prisons. The Commission found that '[t] hese attacks on individuals on account of their religious persuasion considerably 38

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