236. Furthermore, according to Article 25 of the ICCPR, the right to participation encompasses the rights of the individual to vote and to be elected, to take part in the conduct of public affairs, and to have access to public service, which is also echoed in Article 13 of the Charter. To give effect to this right, States are required to adopt positive measures to ensure the full, effective, and equal enjoyment of participatory rights, including through inclusive, meaningful, and non-discriminatory processes and mechanisms. States are also required to guarantee full and effective access to justice and redress mechanisms to people who have been unduly deprived of their right to participate in political and public affairs.80 237. In the present Communication, the Respondent State has portrayed several laws and mechanisms to guarantee the right to participation. However, the allegations made by the Complainants illustrate that these laws need to be more effectively implemented as some citizens were deprived of political participation. In contrast, others were threatened and harassed, and no free, pluralistic, and independent media further jeopardized their participation. The Communication portrays allegations of practical barriers, including internet restrictions, which impacted free information flow and shrank democratic space. 238. The correlation between freedom of expression and access to information to the free participation in government was emphasized by the European Court in the Freedom and Democracy Party (ÖZDEP) v. Turkey case, where the Court stated that “the protection of opinions and the freedom to express them…. applies all the more about political parties given their essential role in ensuring pluralism and the proper functioning of democracy.”81 239. As already established, the Commission finds that the Respondent State’s continuous suppression of journalists and media and its crackdown on telecommunication is a coordinated effort to interfere with the right to freedom of expression and access to information. When this happens during elections, such interference is purposed to discourage citizens from participating directly or by freely choosing a representative of their choice, thus infringing their rights to participate in government. 80 See A/HRC/27/29, para. 16 Application No. 23885/94, Case of Freedom and Democracy Party (ÖZDEP) v. Turkey (1999), The European Court of Human Rights, Para 37 (2). 81 ~ 47 ~ African Commission on Human and Peoples’ Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region, The Gambia, Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.int/

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