d ....~'. ACHPR ~ .~ 'cuxu(' .. African Commission on Human and Peoples' Rights Human Hights our Collective Hesponsinlhtv 83. The Complainants submit therefore that the detention, due to the publication of his two-volume book, and the audio recorded message, is a violation of Article 9 of the African Charter. Alleged violation of Article 13 of the African Charter 84. The Complainants submit that the political situation analysis of the government of the State of Eritrea, and the peaceful and non-violent call to all Eritrean citizens to take part in the conduct of public affairs, was an exercise of his right to participate in the government of his country, provided forin Articl~ 13 of the African Charter. 85. They submit that the Respondent therefore a violation of this right. State' ~. reaction in detaining .~/'~:> ..~. ".. ' the Victim is \!~t 86. The Complainants aver that in a democratic order, there would be nothing wrong with openly calling for a resignation of a head of state, and encouraging the general population to organize themselves in a peaceful and non-violent way, to advance this cause. 87. The above, they aver, is what the Victim did. They aver that these acts are part and parcel of the exercise of fundamental .rights and' fr~edoms. They therefore submit that the Respondent State's detention of the Victim is in violation of his rights that allow him to participate freely in the goveriunent of his country, such as the right to freedom of expression, the right to freedom of peaceful assembly, and the right to participate in'the public affairs of one's own country, provided for in Articles 9, 11 and 13 of the African Charter. Alleged violation of Articles 2 and 3 of the African Charter 88. The Complainants 'submit that the Respondent State committed the other violations outlines above in response to the Victim's expression of his political opinion critical to the President of the Respondent State. The expression of his rights, the Complainants aver, made him susceptible to mistreatment, that would otherwise not be meted against others who would not hav~XJ?).ies~edI\ASJ1,Ch ,,, ",,-"'(hi<1 .r c. opinions. To this end, the Complainants allege that the Vj ,~itTI;,'.CWS- eate~~ , ~ differentially. 'J ' .\ ," 1-, (\1. 10 \.) • I'll o (' .\ ~\~ ('l Ct .,s{, 'f) p..U'U'" • ,,:"'t.:-. '~" ~o ','\... .' :::. 3 Vi ,.:'" ,v;!f "> / 0~1<V ,~~, IVMRICP.\\- ~ The African Commission··~,;-i:fl'lm~1.E'!I'Iq,e~~f2les' Rights 31 Bijilo Annex Layout, Kornbo Nor't:'t;i;Q~.JtJesfCoast Region Phone: (220) 230 4361 Fax: (220) 441 0504 Email: au-ban iul (ci)africa-union.or~ htlps:/achpr.au,inVCJ tiJI D