Allegation of violation of Freedom of movement
128. The Applicants contend that the Ministerial Order, by preventing any
demonstration in the area located between avenue El Hadji Malik Sy and
Cap Manuel as well as in the immediate vicinity of the Renaissance
Monument and in front of hospitals, restricts the freedom of movement of
Senegalese citizens.
129. They assert that demonstrations can sometimes be likened to parades and
marches on the public highway. That thus, the Ministerial Order violates
the freedom of movement of the citizens since they no longer have the
possibility of moving freely during demonstrations.
130. They argue that although the Respondent may restrict the freedom of
movement of its citizens, this restriction must be sufficiently justified.
That "reasons of security" are insufficient and remain insufficient as
regards the restriction on the freedom of movement.
131. In conclusion, they submit that the Republic of Senegal, through this order
of 20 July 2011, violated the human rights and fundamental freedoms of
Senegalese.
132. In their response, the Respondent argue that the Applicants’ make
speculations by their statement that "the Ministerial Order violates
freedom of movement of its citizens since they are no longer able to move
freely during demonstrations".
133. That this is a deliberate distortion of the Order which only prohibits
political demonstrations but does not prevent cultural and religious events
or the movement of citizens within the protected area. Again, no evidence
of any violation was reported by the Applicants.
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