105. The above cited decisions though delivered in respect of right to assembly
is equally relevant and applicable to other rights with restrictive
provisions like freedom of expression.
106. The Court is therefore unable to support the justification of the ban on
political demonstration by the Respondent which is premised on threat to
national security. Neither is it able to legitimise the indefinite duration of
the operation of the ban. Having earlier demonstrated the intertwining
relationship between freedom of assembly and of expression, the Court
has come to the inevitable conclusion that the Order N° 7580 / MINSTSP
of 20 July 2011 which bans political demonstrations in the perimeter
designated in the same Order violated the right of the Senegalese people
as alleged.
107. The Court therefore holds that the Respondent violated the right of the
Senegalese people to freedom of expression contrary to Article 9 of the
Charter.
Allegation of Violation of the right to freedom of assembly
108. The Applicants state that Order N° 7580 / MINSTSP of 20 July 2011
prohibits all demonstrations of a political nature in the entire area 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 for
"security reasons" with no justification.
109. They argue that the said Order greatly restricts the right of assembly and
the right of demonstration of the whole of the Senegalese population who
can no longer organise a meeting or rally in the area defined by the order.
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