199. In Gabriel Shumba v. Zimbabwe, the Commission held that the right to freedom of association includes a prohibition against physical attack based on affiliation with any association.64 Similarly, in Kazeem Amina v. Nigeria, the Commission noted that unlawful and arbitrary arrests and detention of association members, including those affiliated with political or opposition groups, is a frequently applied State tactic. 200. According to the facts before the Commission in this Communication, the Respondent State interfered in the activities of individuals associated with opposition parties through allegations of arrests, harassment, and deaths. Apart from arguing that there is no evidence from the Complainants linking deaths to violations of freedom of association, the Respondent State did not refute the allegations but indicated that it undertook investigations and brought perpetrators to justice. In the circumstances, the Commission is of the view that the Respondent State did not adequately rebut the allegations of arrests, harassment, and deaths. 201. The Commission reiterates that the Respondent State has an obligation to ensure that people are free to form associations and to engage independently in activities without interference from the State and non-state actors. Therefore, The Respondent State has a duty to create an environment free from any sought of interference. In this connection, the facts before the Commission portray that some opposition members were deprived of forming associations to express their views, leading to arrests, harassment, and deaths. The Commission notes that there is no rebuttal from the Respondent State in this regard; therefore, the Commission opines that the Respondent State did not adhere to its obligation to ensure that people other than those belonging to the ruling party were free to form associations and to engage independently in activities without interference from the State and non-State actors. 202. In this regard, the Commission holds that the Respondent State did not take reasonable and appropriate measures to protect the referenced victims from abuse and did not establish the reasonableness of the arrests of a particular group of people who do not belong to the ruling party. 203. With the preceding in mind, the Commission finds that the interference from the Respondent State violates Article 10(1) of the Charter. 64 n 18 above para 89. ~ 39 ~ 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/