ENGLISH Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa |  15 Explanatory Note: See, Comm. 266/03, Kevin Mgwanga Gunme et al v. Cameroon (2009), paras. 136 and 138; African Charter on Human and Peoples’ Rights, Articles 8, 9, 10(1), 11, 12, and 14; International Covenant on Civil and Political Rights, Article 17; and Explanatory Note to Principle 1(M), Non-Derogations and Restrictions on Human Rights and Freedoms. J. Judicial Independence: States shall protect and guarantee the independence of judges and Courts. Explanatory Note: See, African Charter on Human and Peoples’ Rights, Article 26; Comms. 143/95-150/96, Constitutional Rights Project and Civil Liberties Organisation v. Nigeria (November 1999), paras. 30 and 33; East Africa Court of Justice, James Katabazi & 21 Others v Secretary General of EAC & Another, 01/2007, November 2007; and Comms. 143/95-150/96, Constitutional Rights Project and Civil Liberties Organisation v. Nigeria (November 1999). K. Principle of Legality: No one may be condemned for an act or omission which did not constitute a legally punishable offence under national or international law, as defined by clear and precise provisions in the law, at the time it was committed. Such offenses must be made accessible to the public and non-discriminatory. Punishment is personal and can be imposed only on the offender in respect to his or her own conduct. If, subsequent to the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby. Explanatory Note: See, African Charter on Human and Peoples’ Rights, Article 7(2); throughout the African Charter on Human and Peoples’ Rights, States may only restrict the rights and freedoms of individuals when provided for by law as found in Articles 6, 7, 8, 10, 11, 12, and 14; International Covenant on Civil and Political Rights, Article 15(1); Comms. 48/90-50/91-52/91-89/93, Amnesty International, Comité Loosli Bachelard, Lawyers’ Committee for Human Rights, Association of Members of the Episcopal Conference of East Africa v. Sudan (November 1999), para. 59; United Nations Human Rights Committee, General Comment 29, para. 7; United Nations Human Rights Committee, General Comment 27, para. 13; ECtHR, The Sunday Times v. United Kingdom, 26 April 1979, Application No. 6538/74, para. 49; and Explanatory Note to Principle 1(G), Prohibition of Discrimination. L. Extraterritoriality: States are bound by their human rights obligations while conducting counterterrorism operations abroad, including in times of armed conflict during which times international humanitarian law is also applicable. Explanatory Note: See, Comm. 227/99, Democratic Republic of Congo v. Burundi, Rwanda, Uganda (May 2003), paras. 79-80. M. Non-Derogations and Restrictions on Human Rights and Freedoms: The African Charter on Human and Peoples’ Rights does not allow for derogations. The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest. Only in exceptional circumstances may States restrict certain human rights and freedoms. The justification for any restriction must be prescribed by law, strictly proportionate with and absolutely necessary for addressing a legitimate need as set forth under the African Charter on Human and Peoples’ Rights, and in accordance with regional and international human rights law. A limitation may not erode a right such that the right itself becomes illusory. It must be possible to challenge the lawfulness of restrictions on rights before a court. Explanatory Note: See, Comm. 74/92, Commission nationale des droits de l›Homme et des libertés v. Chad (1995), para. 21; African Charter on Human and Peoples’ Rights, Articles 5, 6, 10(1), 11, 14, and 27(2); Comms. 140/94, 141/94, 145/95, Constitutional Rights Project, Civil Liberties Organisation and Media Rights Agenda v. Nigeria (1999), paras. 41-42; Comm. 276/03, Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. Kenya (November 2009), para. 214; and ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Section R (“Non-Derogability Clause”).