Alleged violation of Article 9
112. It is the Complainants' contention that their right to freedom of expression under Article 9 of the
Charter was violated through the conduct of the Respondent State. Article 9 of the Charter provides that:
every individual shall have the right to receive information 31 and the right to express and disseminate his
opinions within the law 32 .
113. The Commission notes the Complainants submission that they were arrested on account of their
human rights work, specifically because of their perceived links with the office of the prosecutor of the ICC.
The Commission also notes that the interrogation of the Complainants by NISS officials was essentially
based on their links with the ICC and their human rights work. The Commission notes further that the
measures taken against the Complainants were aimed at preventing them from obtaining and
disseminating information about the situation of human rights in Sudan.
114. The Commission recalls that according to its Declaration of Principles on Freedom of Expression
in Africa , freedom of expression and information, including the right to seek, receive and impart
information and ideas, either orally, in writing or in print, in the form of art, or through any other form of
communication, including across frontiers, is a fundamental and inalienable human right and an
indispensable component of democracy. 33 The Commission recognises that the exercise of this right
carries with it special duties and responsibilities, which therefore in general allow for certain restrictions or
limitations on the right. The Commission considers that any restrictions on freedom of expression must be
provided by law, serve a legitimate interest and be necessary in a democratic society.
115. The Commission observes that in the present Communication, the only reason for which the
Complainants were prevented from exercising this right was due to their perceived links with the ICC. It has
not been shown that the Complainants' links with the ICC, if any, endangered the lives of others, national
security, morality, common interest or caused any other legitimate prejudice. The Commission considers
that there was therefore no justifiable reason to limit or interfere with the right to freedom of expression and
finds as a consequence, a violation of Article 9(1) and (2) of the Charter.
Alleged violation of Article 10
116. The Complainants contend that the campaign of harassment and intimidation to which Mr. Amir
Suliman and the KCHRED of which he was a Director, the closure of the latter and the freezing of its bank
accounts constitute a violation of Article 10 of the Charter.
117. Article 10 of the Charter provides that every individual shall have the right to free association provided
that he abides by the law... .
118. The Commission notes that the right to freedom of association is both an individual and collective right
which allows individuals to join together to pursue and further collective interests in groups, such as NGOs,
political parties and trade unions. This right comprises the right to form and join associations freely; any
interference with this right must be prescribed by law and meet the conditions prescribed under Article 27 of
the Charter, namely the protection of the rights and freedoms of others, collective security, morality and
collective interests. The Commission considers, recalling its decisions in Huri Laws v Nigeria34 and
Amnesty International v Zambia , 35 that any interference with this right that is not proportionate and cannot
be justified under Article 27 of the Charter will be considered to be arbitrary.
119. In the present Communication, it appears that the only reason that KCHRED and its director were
targeted was on account of their perceived links with the ICC. The Respondent State has not provided any
information showing that the activities of the organization endangered national security, morality, or the
rights of other people in Sudan. In the circumstances, the Commission considers that the State's
interference with the activities of the organization and its staff was unjustifiable and arbitrary and finds a
15