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
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