221. The Commission believes that the allegations put forth by the Complainants adequately provided the relevant details of the occurrences and are sufficient to allow the Respondent State to directly address the claims and provide the information necessary to defend against them. 222. In the case of Malawi African Association et al. v Mauritania, the Commission ruled a violation of Article 11 of the Charter due to the Respondent State's failure to provide evidence demonstrating that the alleged violation of the right to assembly aligns with the limitations specified under the Charter.75 223. The Commission underscores that the right to freedom of assembly, as enshrined in Article 11 of the Charter, serves as a cornerstone of a democratic society, allowing citizens to participate in peaceful demonstrations, protests, rallies, and gatherings, collectively amplifying their voices and thereby reinforcing their freedom of expression. In the case of International PEN et al. v Nigeria, the Commission recognized that freedom of assembly and expression are closely linked.76 This means that restrictions on one of these rights can also affect the other, creating a "chilling effect" on people's ability to express themselves and gather peacefully and freely. The guaranteed right to freedom of expression, which the Commission found to be violated leading up to the 2015 national election, has a negative implication on the free exercise of the freedom of assembly. 224. The Commission acknowledges and commends the steps taken by the Respondent State to ensure freedom of expression and assembly after the political reform in 2018. These measures encompass the release of journalists, activists, and bloggers, the reopening of media outlets previously closed due to their political stance, and the amendment of the Anti-Terrorism Proclamation, Mass Media Law, and Civil Society Proclamation, which were identified as factors that impeded the exercise of freedom of expression, association, and assembly. 225. However, based on the facts and circumstances in this Communication relating to the occurrences of the 2015 elections of Communication 54/91_61/91_96/93_98/93_164/97 _196/97 _210/98 Malawi African Association, Amnesty International, Ms Sarr Diop, Union Interafricaine des Droits de l'Homme and RADDHO, Collectif des Veuves et Ayants-Droit, Association Mauritanienne des Droits de l'Homme v Mauritania (2000) ACHPR para 111. 76 Communication 137/94-139/94-154/96-161/97 International PEN, Constitutional Rights Project, Civil Liberties Organisation and Interrights (on behalf of Ken Saro-Wiwa Jnr) v Nigeria (1998) ACHPR para 110. 75 ~ 44 ~ 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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