address the specific cases alleged in the communications. The Commission therefore finds that there was
a violation of Article 6.
52. The Complainants also allege that the government violated the proprietary rights of owners of
(newspaper) companies by the said decrees.
53. Article 14 of the Charter reads : The right to property shall be guaranteed. It may only be encroached
upon in the interest of public need or in the general interest of the community and in accordance with the
provisions of appropriate laws .
54. The government did not offer any explanation for the sealing up of the premises of many publications,
but maintained the seizure in violation of direct court orders. Those affected were not previously accused or
convicted in court of any wrongdoing. The right to property necessarily includes a right to have access to
one's property and the right not to have one's property invaded or encroached upon. The Decrees which
permitted the newspapers' premises to be sealed up and for publications to be seized cannot be said to be
"appropriate" or in the interest of the public or the community in general. The Commission finds a violation
of Article 14.
Holding
For these reasons, the Commission
Holds a violation of Articles 5, 6, 7(1)(a), 9(1) and (2) and 14 of the African Charter.
Invites the government to take all necessary steps to comply with its obligations under the Charter.
Kigali, Rwanda, 5th November 1999.
1 Editor's note: Decision 60/91 has only 14 paragraphs in English and in French. For further information
see ACHPR/60/91:13
2 Editor's note: Decision 87/93 has only 14 paragraphs in English and in French. For further information
see ACHPR/87/93:11
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