which
had
‘gone
‘repealed’.
into! disuse’,
without
On this point, the Court
stating
whether
the
law
is of the view that however
Had
been
long a law
remains unapplied does not imply that it has gone out of existence (it remains
an Act of Parliament), and the reactivation of a law in fallow or sleep mode by
due process, in this case a Presidential Decree, does not violate the principle of
separation of powers.
REGARDING VIOLATION OF THE RIGHT TO FREE MOVEMENT
56. The
right to free
movement
regional instruments of human
Universal Declaration
is sanctioned
by various
international
and
rights protection such as Article 4 of the 1789
of Human
and
Citizens’
Rights, Article
13 of the 1948
‘Universal Declaration of Human
Rights, Article 12(2) of the 1966 International
Covenant
Rights, and Article 12(2)
on Civil and
Political
of the
1981
African
Charter on Human and Peoples’ Rights.
Indeed,
Article
States
that:
12(2)
“Every
of the African
individual
.
Charter
shall
on
have
the
Human
right
and
to
Peoples’
leave
Rights
any
country
including his own, and to return to his country.”
57. As regat#@®.is Article, the
Republic of Senegal emphasis
provided to the last paragraph
subject
to restrictions,
the restrictions:
of Article|12(2), thus: “This right may only be
provided for by law for the protection
security, law and order, public health or morality.”
58.
The
Court
holds,
however,
that
this
of national
.
provision
cannot
concern
the
Applicants because they are neither sued to court nor charged with an offence
by a competent judicial authority. At any rate, nothing justifies the measure of
a ban from going outside the national territory because the Applicants are not
disrupting
public
order
or
national
security,
much
less,
public
health
or
morality. On this issue, the Court holds that even if the said measure were to
prove
necessary,
compliance
with
it shall
a
court
be
adopted
decision.
within
Even
so,
the
the
dictates
of the
measure
must
law
or
not
in
be
disproportionate in terms of the objective pursued. Now, in the instant case, it
is imperative to note that being banned from going out of the national territory
was not based on any court decision, but rather on a mere police information;
which is contrary to the spirit and letter of the above-cited provision.
18
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