which the Commission was seized, the Commission relies on its jurisprudence in Kevin Mgwanga Gunme et al. v. Cameroon,77 where it underscored that States must guarantee the right to freedom of assembly while maintaining law and order. Therefore, suppression of demonstrations, including the use of force and the arrest and detention of people participating in such demonstrations, violates Article 11 of the Charter. 226. The Commission also relies on its Guidelines on Freedom of Association and Assembly, which require States to protect all public and private assemblies from interference, harassment, intimidation, and attacks by third parties and non-state actors. Specifically, where third parties aim to interfere, harass, intimidate, or attack a peaceful assembly, the authorities' response shall not be to ban or disperse the peaceful assembly but rather to take measures to protect the assembly and allow it to proceed. 227. Considering the above, the Commission stresses that while laws currently exist in the Respondent State to protect freedom of expression and assembly, measures taken by the Respondent State during the 2015 Elections curtailed freedom of expression and assembly. Such measures constitute an unlawful restriction of these rights. 228. From the foregoing, the Commission accordingly finds that the restrictions imposed by the Respondent State were not justifiable even though prescribed by law in contravention of Article 11 of the Charter. Alleged violation of Article 13(1) of the Charter (The right of Freedom to Participate Freely in Government) 229. The Complainants allege the violation of Article 13 (1) of the Charter, which states: “Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law.” 230. In this Communication, the Complainants allege that during the 2015 elections, some people were systematically prevented from expressing their views, advocating for their positions, and participating in political activities, thus undermining genuine political participation. They allege that the Respondent State impeded political advertising and 77 n 16 above. paras 137-38. ~ 45 ~ 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/

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