which had ‘gone ‘repealed’. into! disuse’, without On this point, the Court stating whether the law is of the view that however Had been long a law remains unapplied does not imply that it has gone out of existence (it remains an Act of Parliament), and the reactivation of a law in fallow or sleep mode by due process, in this case a Presidential Decree, does not violate the principle of separation of powers. REGARDING VIOLATION OF THE RIGHT TO FREE MOVEMENT 56. The right to free movement regional instruments of human Universal Declaration is sanctioned by various international and rights protection such as Article 4 of the 1789 of Human and Citizens’ Rights, Article 13 of the 1948 ‘Universal Declaration of Human Rights, Article 12(2) of the 1966 International Covenant Rights, and Article 12(2) on Civil and Political of the 1981 African Charter on Human and Peoples’ Rights. Indeed, Article States that: 12(2) “Every of the African individual . Charter shall on have the Human right and to Peoples’ leave Rights any country including his own, and to return to his country.” 57. As regat#@®.is Article, the Republic of Senegal emphasis provided to the last paragraph subject to restrictions, the restrictions: of Article|12(2), thus: “This right may only be provided for by law for the protection security, law and order, public health or morality.” 58. The Court holds, however, that this of national . provision cannot concern the Applicants because they are neither sued to court nor charged with an offence by a competent judicial authority. At any rate, nothing justifies the measure of a ban from going outside the national territory because the Applicants are not disrupting public order or national security, much less, public health or morality. On this issue, the Court holds that even if the said measure were to prove necessary, compliance with it shall a court be adopted decision. within Even so, the the dictates of the measure must law or not in be disproportionate in terms of the objective pursued. Now, in the instant case, it is imperative to note that being banned from going out of the national territory was not based on any court decision, but rather on a mere police information; which is contrary to the spirit and letter of the above-cited provision. 18 os