'rtrosl
t
1'13. ln Purohit and Moore v The Gambra the Commission stated that 'the right provided
for under Article 13(1) of the African Charter is extended to'every citizen'and its
denial can only be justified by reason of legal incapacity or that the individual is not
a citizen of a particular State.'26
1'14. The Court is of the view that the rights set out in Article 13(1) of the Charter are
optimally exercised when a State's citizens are in the territory of that State and in
some instances, they can be exercised outside the territory of that state. The Court
notes that the arbitrary revocation of the Applicants' passports has prevented them
from returning to the Respondent State thus severely restricting their right to freely
participate in the government of their country.
115. The court thus finds that by arbitrarily revoking the Applicants' passports, the
Respondent State consequently violated Articlel3 (1) of the Charter.
lv.
Allegation relating to violation of the right to liberty
116. The Applicants allege that by revoking their passports, the Respondent State has
violated their right to liberty.
117. The Respondent State has not responded to this allegation
118. Article 6 of the Charter provides that: "Every individuat shatt have the rightto tiberty
and to the security of his person. No one may be deprived of his freedom except for reasons
and conditions previously laid down by law. ln particular, no one may be arbitrarily arrested
or detained".
26 Purohit and Moore v The Gambia (2003) AHRLR
96 (ACHPR 2OO3) S 75
26