been living in the US as a refugee. The above acts are in violation of Mr Wiwa's rights to freedom of movement and residence and his right to leave and to return to his country guaranteed under Articles 12 (1) and (2) of the Charter, which state: 1. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions provided for by law for the protection of national security, law and order, public health or morality. 31. Despite invitations to the Government of Nigeria for its response to the allegations in this Communication, the Commission has received none. The Commission is, therefore, compelled to conclude the complaint on the facts in its possession, which are the allegations of the Complainant. Holding For the above reasons, the Commission Holds a violation of Articles 5, 6, 7(1) (c) and 12 (1) and (2) of the Charter. Kigali, Rwanda, 15th November 1999. 3