237. The Respondent, in turn, seeks from the Court to order the Applicant to bear the costs of the proceedings. 238. Article 66 (1) of the Court's Rules of Procedure provides that “A decision as to costs shall be given in the final judgment or in the order, which closes the proceedings.” 239. Paragraph 2 of the same Article states that “The unsuccessful party is ordered to pay the costs if so decided.” 240. Thus, in light of the above provisions, the Court considers that the Respondent, as the losing party, will bear the costs of the proceeding, and the Chief Registrar is responsible for settling them. XV. OPERATIVE CLAUSE 241. For these reasons, the Court held a public hearing and having heard both parties: As to jurisdiction: i. The Court declares it entertains jurisdiction; As to admissibility: ii. Declares that the application is admissible. As to merit: iii. Declares as established the violation of the Applicant’s right to freedom of expression by the Respondent provided for in Articles 9 of the African Charter, 19 of the (UDHR) and 19 of the ICCPR. iv. Declares that the Respondent's arrest and detention by the Respondent was arbitrary and illegal under Articles 6 of the African Charter, 9 (1) of the ICCPR, 3 and 9 of the UDHR. 62

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