98.
An ancillary issue raised by the Respondent requires an examination
whether this opinion of a political nature must necessarily be expressed
through the platform of a political party. Indeed political parties have the
advantage of collectively advancing the cause of their members as it relates
to how a country is governed. Nevertheless, as stated above, all Senegalese
have the inherent right to express a political opinion which cannot be
forcefully subsumed under the umbrella of a political party.
99. Having made this clarification, the Court hastens to state that while the
guarantee of freedom of expression is not absolute, interference is
permissible under certain circumstances including interests of national
security, public safety, public order, health and freedoms of others.
ARTICLE 19 (3) A & B ICCPR.
100. Thus where there is an interference, the Respondent is obliged to justify
same with sufficient reason to the satisfaction of the Court. In the instant
case, the Respondent merely stated that the ban on political demonstration
was to avert the breakdown of national security. Upon examination of
Order N° 7580 / MINSTSP of 20 July 2011 and the circumstances
allegedly justifying the ban on political demonstration by the Respondent,
the Court is of the considered opinion that the order is unduly broad and
vague which is supported by the decisions of the Supreme Court of
Senegal wherein it stated that the sole security justification is insufficient
and obliges the Respondent "...to specify the alleged risk as well as the
absence of alternative measures to the ban, the only reference to
disturbance of public order being imprecise and inadequate" (Exhibit 5
Judgment N° J / 176 / RG / 15 of 11/05/2015).
32