VI. RESPONDENT’S CASE Summary of facts 18. The Respondent raised a Preliminary Objection challenging the competence of the Court and of the Applicants, urging the Court to declare the Application inadmissible. The Court will address this objection under the Admissibility head. 19. In their defence, the Respondent state that though the Constitution of the Republic of Senegal provides for freedom of demonstration in Article 8, such freedom is exercised under conditions laid down by law. That the previously laid down law which is still in force is law No 78-02 of 29 January 1978 that regulates public gatherings. 20. That the year 2011, prior to the 2012 presidential elections, was marked by violent demonstrations that resulted in the loss of lives and looting at the city center. These events combined with terrorist threats required the Respondent to put in place security measures to protect the public and the city center where sensitive buildings are concentrated (Sandaga market, headquarters of institutions of the Respondent, national hospitals, port of Dakar, BCEAO headquarters etc.). 21. That it is in this context that the then Minister of Interior issued Order No 007580/MINT/SP of 20 July 2011, prohibiting demonstrations in the area between Avenue EL Hadji Malick SY and Cap Manuel and prescribed a perimeter of protection. That subsequently, taking into account the excesses observed during the demonstrations, and danger posed by 8

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