reason of the harm or damages suffered arising from the ban on
demonstration imposed by the contested Order N° 7580 / MINSTSP of 20
July 2011. The Court already deferred the examination of locus standi to
the merit stage and maintain its stand.
58. The Court will however examine the Respondent’s objection under two
headings: capacity as legal person to maintain an action on their own
behalf for violation of their human rights, and capacity to maintain an
action on behalf of the Senegalese people for violation of their human
rights.
a) Capacity as legal person to maintain an action on their own
behalf for violation of their human rights.
59. An examination of the capacity of legal persons to bring an action for the
violation of their human rights calls for further elaboration beyond the
consensus of parties. It is undisputed that both Parties are ad idem that a
legal person can bring an action for themselves or in a representative
capacity for a group for the violation of human rights. This is a wellfounded principle which has been supported by a plethora of decisions by
the Court. “Non-governmental organisations (NGOs) and public spirited
individuals can institute actions on behalf of a group of victims usually
from a community or class of people based on common public interest to
claim the violation of their human rights...” See THE REGISTERED
TRUSTEES OF JAMA’A FOUNDATION & 5 ORS V FEDERAL REPUBLIC OF
NIGERIA & ANOR ECW/CCJ/JUD/04/20, PAGE 14-15. See also NOSA EHANIRE
OSAGHAE & 3 ORS V. REPUBLIC OF NIGERIA ECW/CCJ/JUD/03/17 PAGE 19.
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