ACHPR
African Commission on
Human and Peoples' Rights
Human Hights our
Collective Responsibility
required when political speech is directed towards government and government
officials."
153. In LaIDOffices of Ghazi Suleiman v Sudan, the Commission stated that the public
expression of views about government, that contribute to political debate,
warrants special protection as it adds special value to society."?
154. In the instant case! the Complainants submit that the two-volume book
published by the Victim, is purely political commentary which criticizes the
political system, and particularly the president; and encouraging the general
public to take active interest in the leadership of the country, and to organize
themselves in a peaceful non-violent' way, .to advance this cause. The
Complainants further argue that there·i~;i\.~thingjnthe books that has the potential
to cause instability, or concern. The contents of the books are not disparaging,
defamatory or inflammatory. The views expressed in the book are just critical
comments that are expected from any civilian encouraging political consciousness
and participation.
155. The Commission notes that in the absence of a response from the
Respondent State! it is forced to accept the complainants' allegations and
consider that the victim's detention following the publication of her book!
without any judicial process! constitutes a violation of her right to freedom of
expression! provided for in Article 9 of the African Charter.
I
On the right to travel abroad
156.
Article 12 of the African Charter provides that:
1. Even) individual shall have the right to freedom of movement and residence
within the borders of a State provided he abides by the law.
2. Every individual shall have the right to leave any country including his own,
and
to
return
to
his
country.
This right may only be subject to restrictions, provided for by law for the
protection of national security, law and order, public health or morality.
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Kenneth Good v Botswana, Communication
313/05, para 198;
77 Law Offices oJ Ghazi Suleiman v Sudan, Communication
228/99, para 52
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