African Commission in Amnesty International and Others v. Sudan, where it stated that freedom of
expression is a fundamental human right, essential to an individual personal development, political
consciousness and participation in the public affairs of a country.103
247. In view of the fact that political leaders are most often sensitive to expression of opinions that are
related to the political affairs of the State, the African Commission stated in the Kenneth Good v the
Republic of Botswana that "A higher degree of tolerance is expected when it is a political speech and an
even higher threshold is required when it is directed towards the government and government officials."104
The Declaration also requires public figures "to tolerate a greater degree of criticism,"105 to promote
transparency and accountability as tenets of good governance.
248. The African Commission noted in the Kenneth Good v the Republic of Botswana that freedom of
expression is not an absolute right, and can only be restricted for the reasons mentioned under Principles
I(1) and II of the Declaration. That is, if the restrictions serve a legitimate interest and necessary in a
democratic society.106
249. Freedom of expression can also been limited by the clawback clause under Article 9(2) in the context
of the phrase 'within the law.' In Malawi African Association and Others v. Mauritania,107 the African
Commission stated that "the expression 'within the law' must be interpreted in reference to international
norms' which, among others, can also provide grounds of limitation on freedom of expression."108
250. The African Commission also notes that the right to freedom of expression also carries with it the right
to impart information to others, meaning that when an individual's freedom of expression is unlawfully
restricted, it is not only the right of that individual that is being violated, but also the right of all others to
"receive" information and ideas.
251. The Inter-American Court upon referral from the Inter-American Commission confirmed and expanded
on the Inter-American Commission's ruling in the case of Claude Reyes et al v. Chile109 holding that,
Article 13 of the American Convention, which specifically establishes the rights to 'seek' and 'receive'
information, protects the right of all persons to receive information held by the State. It further asserted that,
the information should be provided without a need to demonstrate a direct interest in obtaining it, or
personal harm, except where legitimate restrictions apply.
252. Thus, the right to freedom of expression and to receive information is broadly conceived to include
information of all types of knowledge including in political terms as expressed in this Communication, and
the Respondent State has an obligation to ensure that this information is accessible without impediment.
Thus, limiting the right of the Victims to freedom of expression also limits their right to receive information.
253. The above principle was expressed by the African Commission in the Jawara Case, where it held
that, the politically motivated harassment and intimidation of journalists not only deprived them "of their
rights to freely express and disseminate their opinions, but also the public, of the right to information."110
254. In the present Communication, the Victims were all journalists, some of whom were allegedly reporting
on the events of the demonstration and taking photographs and were allegedly assaulted and molested for
their involvement in the protest to amend Article 76 of the Egyptian Constitution. This restricts their right to
freedom of expression and opinion.
255. It is not evident from the evidence presented in this Communication that this restriction falls within the
meaning provided by Principle II(2) of the Declaration, that is, 'provided by law', 'serve a legitimate interest',
'necessary', and in a 'democratic society.' Furthermore, the Respondent State has not provided any
information indicating that the Victims, in exercising their right to freedom of expression, were threatening
national security or public interest.111
256. On the bases of the above arguments, there is clearly a violation of Article 9(2) of the African Charter
by the Respondent State.
Alleged violation of Article 16- The Right to health
257. The Complainants allege a violation of Article 16 of the African Charter by the Respondent State.
258. Article 16 has two facets to it: Article 16(1) states, "Every individual has a right to enjoy the best
attainable state of physical and mental health," and Article 16(2) provides that "Sates parties to the present
Charter shall take all necessary measures to protect the health of citizens and ensure that they receive
medical attention when they are sick."
259. The Complainants submit that the acts perpetrated against the Victims included the infliction of
physical, mental and sexual harm which has resulted in physical and emotional injury. According to the
Complainants, this has detrimentally affected their physical and mental well-being contrary to Article 16 of
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