'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

Select target paragraph3