001072
111.
In view of the aforesaid, the Court finds that the Respondent State has violated the
Applicant’s right to liberty contrary to Article 6 of the Charter.
iii. Alleged violation of the Applicant’s right to freedom of movement
112. The Applicant avers that the right to freedom of movement is a fundamental human
right recognised
under international human
rights instruments such as the UDHR,
ICCPR and other human rights instruments, including the Charter. He maintains that
this right
involves
not only
movement
within the country
but also protection
from
forced expulsion or displacement.
113. The Applicant also submits that according to Article 12(1) and (2) of the Charter,
every individual has the right to move freely within a country, the right to leave the
same, including his or hers, and return to it, subject only to restrictions provided by
law and required for the protection of national security. The Applicant avers that he
has neither threatened the Respondent State’s public order nor breached Article12
of the Charter.
114.
In this
respect,
the Applicant
Défense des Droits de l'Homme
cites the matter of Rencontre
Africaine pour la
v Zambia wherein the Commission
stressed that
Article 12 of the Charter imposes an obligation on the contracting State to secure the
rights protected under the Charter for all parties within their jurisdiction, nationals or
non-nationals alike.
115.
The Applicant submits that while he is a Tanzanian national by birth and thus, has
the
right to freedom
of movement,
including
the
right to leave
and
return
to his
country, the law, as reflected in the Commission’s decisions in the above-mentioned
case, protects both nationals and non-nationals.
He also asserts that as a
citizen of
the Respondent State, he is entitled to enjoy fully his rights and should not have been
arrested or unlawfully detained. He avers further that his conviction and sentence to
ar
yore SETS