were denied to receive and curtailed from expressing. There is no
information as to the nature of the information or who prevented them from
exercising this right.” The Respondent State thus submits that there has
been no violation of Article 9 of the Charter.
***
114. Article 9 of the Charter provides as follows:
1.
Every individual shall have the right to receive information.
2.
Every individual shall have the right to express and disseminate
his opinions within the law.
115. In the present Application, the Court finds that the Applicants have simply
made a general allegation of a violation of Article 9 of the Charter without
offering any substantiation. In the circumstances, the Court finds the
Applicants’ allegation without merit and accordingly dismisses it.
G. Alleged violation of Article 1 of the Charter
116. No submissions were made by the Applicants detailing how Article 1 of the
Charter was violated.
*
117. The Respondent submits that it “recognises the rights, duties and freedoms
enshrined in the Charter and has undertaken legislative measures to ensure
their realisation.” In support of its submissions, it points out that its
Constitution recognises the presumption of innocence and that its evidence
Act requires proof beyond reasonable doubt in all criminal matters. It further
points out that under its Criminal Procedure Act all “accused persons have
the right to a defence and to cross-examine witnesses.” In conclusion, the
Respondent State submits that “there has been no violation of Article 1 of
the African Charter on Human and Peoples’ Rights as the Respondent has
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