ACHPR
African Commission on
Human and Peoples' Rights
Human Hights our
Collective Responsibility
challenge their detention, then their detention will be considered arbitrary,
unlawful and therefore constitutes a breach of their right to liberty, the
Complainants submit that the Complainant's detention, is in violation of his right
to liberty as provided for in article 6 of the Charter.
Alleged violation of Article 7 of the African Charter
79. The Complainants submit that since the Victim's arrest on 17 September 2018, he
has never been brought to Court. This, they submit is a violation of his right to
receive a fair hearing, trial process, including the appropriate procedures to ensure
equality before the Courts, as provided for in Article 7 of the African Charter.
Alleged violation of Article 9 of the tA:frican Charter
80. The Complainants
allege that the Victim's illegal detention took place after the
publication of his two-volume book, and the release of his pre-recorded message.
The Respondent State's action, in detaining theVictim, the Complainants aver, is
therefore intended to silence the Victim.
81. Citing Constitutional Rights Project, Civil Liberties Organisation and Media Rights
Agenda v Nigerid37the Complainants submit that the Commission recognizes the
right to freedom of expression both as a basic human right and as an element
necessary for political consciousness, including participation in the public affairs
of a given country. In this sense, the .right is framed as a two- pronged concept, as
it "comprises the right to receive information and to express one's opinion."38
82. The Complainants aver further that, for the Victim, who is a former high-ranking
government official, unlike ordinary citizens, this right is most critical. They
premise this submission on the fact that the Victim's previous position in
government gave him insider's knowledge about how the government of the
Respondent State functions, which knowledge, they submit, is most vital in the
formation of public opinion. In exercising such right, they aver, the Victim would
be contributing to the political life of his country.
Constitutional Rights Project, Civil Liberties Organisation
Communications 105/93, 128/94, 130/94,152/96 (1998)
38 Ibid.
37
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