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ACHPR
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
magazine as well as other newspapers that she was working with, intimidating her
and her parents to make her stop writing her articles would amount to a restriction of
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/interference
with her right to freedom of expression unless same is provided by law,
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te aim
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. a necessary m
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serves a Iegitima
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Is the restriction/interference
provided by l~w
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167.
In determining whether the restrictioJ of a(f)"
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's free
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of expression and
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access to information is. provided by la~i~~f.,~::'~~~l
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Cameroon as follows; "in order. to determine:'.ivhether'a,aenial 6jJii;,broadcasting,.[ieence was
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"prescribed by lato", the interference mu~J.1tave<~9tr!~,.
basis Jr1:' domestic·T4.iM'Jl;V4·,thelaw should
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with sufficient pr~;£i~i~~(1)';.:
to rOl'~~f;~'l:~:o'
a degree tha~:;!,lfreasonable. .. the
be... formulated
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consequences which a given aciiop. may en'f .. econd, the.~ornestic law must afford a measure of
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legal protection against
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public\';(l~(thorities. "76 Similarly, in its
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Principle 9(2) of the 1J~Glaratio
the:Commission has also set out
the criteria for q~termining.whet
That is, the domestic law must be c1ea 'I
t-';' ,
, accessible and foreseeable as well as
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provide e££ectiv~safeguards from ar1Jitra~;{interference and abuse.
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168.
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Ithat she was arrested and charged with
:i'~~i~%~~~\?eCOnd
"t~~l'a\Qql}t~:$.~tmits
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-t-. ~ 1-;l,:~t:.-~.,
violating,. ArtiGl~~,g,7c(1)(a),
38(1) and 648 (1) and (2) of Criminal
Code of Ethiopia 2004
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and Arti~1~s,:I¥/(7'a~d~~J~t7tRe
2009 Proclamation. She submits that the Proclamation of
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2009 does ~Rt meet tne standard of being provided for by law because it contains
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broad definitl~:tH~}of"terrorist acts" in Article 3 thereof and "terrorist organisation" in
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,
Article 7 therd5£. That to meet this criterio~ it is 119tmerely the existence of a rule in a
national legislation but the law must be sufficiently precise so that individuals would
76 Communication
290/04 - OSJ1 v Cameroon, para 140
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