constitution and international human rights standards” COMMUNICATION
147/95 and 149/96 SIR DAWDA K JAWARA V THE GAMBIA 11 MAY 2000.
125. The Court notes that as with some other human rights, there is a nexus
between the rights to freedom of assembly and freedom of expression.
They are intertwined because the exercise of these rights entails a
gathering of persons of the same mind, for the purpose of expressing their
opinion on issues that concern them. Therefore, more often than not, the
prohibition of the right to assembly automatically affects the right to
freedom of expression. In this regard, the Court held thus,
“Given the expressive nature of many protests and the role they play in
protecting opinion, international jurisprudence has recognized that the
right to freedom of peaceful assembly and the right to freedom of
expression are, in practice, often closely linked, with the protection of
personal opinions is one of the goals of freedom of peaceful assembly.”
ILLIA MALAM MAMANE SAIDAT V REPUBLIC OF NIGER JUDGMENT NO.
ECW/CCJ/JUD /17/21PAGE 32 PARAGRAPH 134.
126. Having earlier held that interference with the rights of the Senegalese to
express themselves occasioned by Order N° 7580 / MINSTSP of 20 July
2011 is a violation of their right to freedom of expression, (paragraph 86
supra), the Court finds that the automatic link between the right to
freedom of expression and the right to assembly results in the violation of
the right to assembly.
127. The Court hereby holds that the right of the Senegalese to freedom of
assembly has been violated by Order N° 7580 / MINSTSP of 20 July
2011.
39