these States involved in accordance with the principles of the Charter of
the United Nations, or the Charter of the Organization of African Unity or
the provisions of the present Charter.’
114.
The Complainants aver that the present complaint has not been
submitted before or settled by any other international investigation or
dispute settlement mechanism. The Commission is satisfied that the
issues and claims in this Communication have not been brought before
any other international forum. Consequently, the Commission finds
that the Communication satisfies Article 56(7) of the Charter.
The Decision of the Commission on Admissibility
115.
Given the above, the Commission declares this Communication
Admissible in accordance with Article 56 of the Charter.
The Merits
The Complainants’ submissions on the Merits
116.
The Complainants contend that the Respondent State's
systematic disruption of peaceful demonstrations, freedom of
expression, freedom of association, and public participation through
arbitrary arrests and the disproportionate use of force violates the
provisions of Articles 1, 9, 10, 11, and 13(1) of the Charter.
Alleged violation of Article 9 of the Charter (The right to Freedom of Expression
and Access to Information)
117.
The Complainants claim that the Respondent State, to suppress
dissent and force independent voices to practice self-censorship,
engaged in harassment, prosecution, and intimidation of journalists.
They highlight that before the 2015 elections, independent media
outlets were heavily suppressed, leading many privately-owned
publications to resort to self-censorship or cease operations entirely.
They add that in 2014, approximately 22 journalists, bloggers, and
publishers faced criminal charges, while six publications were forcibly
closed due to Government harassment.
118.
The Complainants submit that the Justice Ministry brought
charges against five independent publications and a weekly newspaper
in April 2014, citing offenses such as disseminating false information,
inciting violence, and undermining public confidence in the
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African Commission on Human and Peoples’ Rights
31 Bijilo Annex Layout, Kombo North District,
West Coast Region, The Gambia,
Phone: (220) 230 4361 Fax: (220) 441 05 04
Email: au-banjul@africa-union.org
https:/achpr.au.int/