122. Consequently, the Court finds that the Respondent State did not violate the
Applicant’s right to enjoy family life as guaranteed by Article 18 of the
Charter.
F. Allegation of violation of the Applicant’s right to free movement
123. The Applicant contends that the Respondent State has violated his right to
leave and return to his country contrary to Article 12 of the Charter.
*
124. The Respondent State did not address this allegation in its Response.
***
125. Article 12 of the Charter, materially, provides as follows:
1.
Every individual shall have the right to freedom of movement and
residence within the borders of a State provided he abides by the
law.
2. Every individual shall have the right to leave any country including
his own, and to return to his country. This right may only be subject
to restrictions, provided for by law for the protection of national
security, law and order, public health or morality.
126. The Court reiterates its earlier finding that it did not find any manifest errors
in the procedure adopted by the Respondent State in convicting the
Applicant. Given the lawfulness of the conviction, which is the direct
precursor to the limitation of the Applicant’s freedom of movement, the Court
finds that the Applicant’s right to movement was not violated.
127. Consequently, the Court finds that the Respondent State did not violate the
Applicant’s right to freedom of movement as guaranteed by Article 12 of the
Charter.
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