oe.
| As regards right to freedom of movement
|
30. The Applicants maintain that the Public Prosecutor of Dakar decided to
ban them
from
going
out
of the
national
territory, without
any
legal
basis and on no grounds. They maintain that this natural law regarding
freedom
of
movement
is
provided
for
and
guaranteed
by
various
international instruments such as the 1789 Declaration of the Rights of
Man and of the Citizen, the 1948 Universal Declaration of Human
the 1966
International
African
1981
Covenant
Charter
on
on Civil and
Human
and
Rights,
Political Rights, the June
Peoples’
Rights,
and
the
Canstitution of Senegal in its Articles 8(2), 14, and9.
31. They further assert that it is only a judge, as a custodian
of freedoms,
who may impose restrictions on freedom of movement, and that even in
that regard, he is not absolutely free to make any decision whatsoever:
the
judge’s
reasoned;
decision
shall
that as such,
not
the
only
decision
be
legally
made
based
but
must
be
by the Special
Prosecutor
amounts to a serious violation of the freedom of movement
since there
was no legal basis upon which that measure was adopted against them,
me
debarring them from going out of @@®2 ational territory:
|
|
As regards equality of citizens before the law and before the courts
32. The Applicants aver that they are victims of breach
the
law
and
instruments
before
as
well
the
courts,
as
the
and
they
Constitution
cite
of
of equality before
several
international
Senegal,
all
of
which
emphasise equality of persons before the law and before the courts.
They further assert that the
violated
because
country
was
the said
adopted
principle of equality
measure
solely
of banning
on the ground
before
them
of their
the
from
courts
is
leaving the
status
as former
the
following
Ministers (of the out-going regime).
As regards right to fair trial
33. The
Applicants
maintain
that: Senegal
disregarded
principles of law éndorsed by national and international norms: