The
Applicants’
profession
maintained
as journalists
that the
making
impugned
it practically
provisions
impossible
has
affected
for them
their
to freely
disseminate information for public interest. Furthermore, the fear of being rearrested, prosecuted and tortured by the Defendant of those laws in future has forced
them to remain in exile.
Freedom of expression is a fundamental human right and full enjoyment of this right
is central to achieving individual freedoms and to developing democracy.
It is not
only the cornerstone of democracy, but indispensable to a thriving civil society.
Having reiterated the Courts’ competence on human rights cases, it therefore implies
that this court in exercising its jurisdiction, has the powers to go into the root of the
violation i.e. those (awe which the Applicants’ are contesting to establish whether or
not they are contrary to the provisions of international human right laws on freedom
of expression.
Consequently, in view of its jurisprudence, this Court has the competence to examine
the laws upon which the allegations are based to ascertain whether the laws and
punitive measures are regular or in violation of the Applicant rights.
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