Human Fii9hts our Collective Hesoonsibihtv 104. The Commission found, in this case therefore that banning political parties, as well as banning ministers of the former civilian government from taking part in political activity, was discriminatory. 105. Similarly, in Liesbeth Zegoeld and Mussie Ephrem v Eritrea, where a number of former government officials were openly critical of the Eritrean government, resulting in their arrest and detention, the Commission found that they had been 'detained on account of their political beliefs' and found a violation of Article 2 of the African Charter. 106. In the present Communication, the COIl1JUiss,i(:W'", ,.o~serves that the Complainants have illustrated thatthe Victim has been ·tte~ted :differentially, on the basis of his political opinion, and his critique of th~ country's Jeadership. However, criticisms of opposition parties by me~bers o{the ruling party, have never resulted in arrest, incommurl.fcado detention, or being held for extended periods of time, without fair trial, and' an opportunity to apply for bail. , . .' "-;, ,,"". . I'> 107. The Commission notes that, althbughthe victim is from the ruling party, his criticisms constitute opposition to the way in which his party and its leadership have managed the country. In terms-of form, the victim is not an opponent, but in material terms he is an internal opponent and therefore deserves the same protection as any other opponent. It should be noted that had the victim not criticised the government, he would not have been the subject of repression. 108. To this extent, the Commission therefore finds that there has been violation of Articles 2 and 3 of the African Charter. On the violations of the right to life and to physical and mental health 109. The complainants allege the violation of Articles 4 and 16(1) of the African Charter. Indeed, Article 4 of the African Charter provides that" Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right." On the other hand, Article 16 (1) of the African Charter provides that "Every individual sha~.~~1!ff.the_right to enjoy the best attainable state of physical and mental health. R"'.r U /(c, 0".~ \, {f'~~ ~\':. 'l{' h. ) () \! \~ '-...- A\.l·Ut>. ,}. i- 2£ u The African Commi§Siojif~? uma il.SIY~l?les' Rights 31 Bijilo Annex Layout, K'~b,(9 .Na~tt<1.r;l!RJlict,~W@$v::oast Region Phone:~~$~9,tiqfir,9~; (220) 4410504 Email: ace-!T- aniuf(a)africa-union.ore https:/achpr.au.inVI:J U a