And this the Defendant failed to do considering that, he did no claim any fact nor did he present any evidence. The defendant also claimed that The Gambia had not complied with the requirements for the implementation of the Interstate Transit System (TRIE), signed in Cotonou on 29th May 1982. And that is why it is the West African Economic and Monetary Union customs code that applies, as well as the code of the Member States that are oppose to it. This argument is not appropriate either, since, as the defendant admitted, the border post was in fact closed. It remains to be ascertained if there is infringement of the right to free movement of persons, goods and services The right to free movement is provided for in several international and regional instruments for the protection of human rights, namely, the Article 4 of the Universal Declaration of Human and Citizen Rights of 1789, the Article 13 of the Universal Declaration of Human Rights of 1948, the Article 12, 2 of the International Covenant on Civil and Political Rights of 1966 and the Article 12 of the African Charter on Human and Peoples' Rights of 1981. The Article 13 of the Universal Declaration of Human Rights provides that: "(1) Everyone has the right to freedom of movement and residence within the borders of each State. (2) Everyone has the right to leave any country, including his own, and to return to his country." The Article 12 of the African Charter on Human and Peoples' Rights, establishes that: 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 in the law, necessary for the protection of national security, law and order, public health or morality.... "(Underlined and Bold are ours) 17