unreasonable restriction on her freedom of religion. These punishments are also inconsistent with the African Charter. Although the Court of Appeal overturned the first Victim's convictions and sentences, the majority of the court based their decision on the erroneous ground that she was not mentally responsible for her actions. This failure by the Court of Appeal to uphold the first Victim's right to freedom of religion, as enshrined in Article 8 of the African Charter and the Interim National Constitution of Sudan, 2005, has resulted in continued threats to her life from Islamist fundamentalist groups. These threats have forced her and her family to flee Sudan. 121. Overall, the violations of the first Victim's rights'to freegam of religion include the incorrect application of Shari'a law, the charge of ap.o~tasy for converting to Catholicism, t the contradictory convictions, the pressure t:,,0 affirm; the Islamic faith, the disproportionate punishments, and th~,1 . , f the t of to protect her right to freedom of religion. ' i. ' ~PRe'11 Article 12: the Freedom of Movement f (-':':l{i > 122. The Complainant raised the issue" tQq,t the vioQ:1fls . deprived of~eir right to freedom of movement, which Article 12 of'tnt;! African er safeguards. They asserted that Sudan violated Articles J?(1) and 12(g),':;*Qfthe 'can Charter. They highlighted a previous case, Suda Hurruii1Rights Orgq~i~a,~tRn& on Housing Rights and Evictions (COHRE) vs Suda, ' ...hich stat~d,tha;fffeea6m of mo . ent is a fundamental human right crucial fOf:, protecting arid' promoting other hd:h1:b rights and fundamental freedoms. ," l' :f, _ .~ 123. The Complainants p:pded that Article 12(1) of the African Charter includes the freedom ., ,""4,,"" . '.'.'1' to ttaveC reside, an' work in any part of tije state without interference from the state. RegaKd.ing f;\rticle 12 ; h,~~eComplaiq~ts a~gued that every individual has the right to +'" 0' leave 'tbeir"cQR,PR'Y' inclQ:q%'lg.:!heir,;,~~' and return only subject to lawful restrictions that protect nafiorial securitY~'I~~:'9lgct'corder, public health, or morality. 't" I, '~"<', t·I;.k;¥r' in, the case of Movement Burkinabe des droits de l'Homme et des peuples vs. Burkina Faso,60)ound a violation of Article 12(2) when a political party leader was 124. The Commission, prohibited from leaving Burkina Faso after publishing situation in the CQUntry. a statement about the political 125. In another case, Sir Dauida K. [atuara vs The Gambia, the Commission found a violation of Article.s 12(1) a_nd 12(2) ~f the Charter, where government officials were rre~,~~Jed'f!pgn travelling outside Cambia.s! ' (<:\..\y~~::_IIl'" "'(~\ .-.... .r )(l~. 59 Communication 60 Communication 61 Communication 279/03-296/05,,27 May 2009, Para 187. 204/97, Para 47. 147/95-149/96, Para 70. ,~\} < ~.:.' '\ 'f ~[ f>.. .? Q.: J'I . : , "- \S~ <.:i/ (~0 V/I 1\... ,,' .... r , '4~RIUI,\1'o <,..\',/1. " /f[)~" ore \ Ai' .. 'ME [=1 '~ ... 27 CJl1

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