4. To be necessary and proportionate, the limitation shall:
a. originate from a pressing and substantial need that is relevant and
sufficient
b. have a direct and immediate connection to the expression and disclosure
of information, and be the least restrictive means of achieving the stated aim;
and be such that the benefit of protecting the stated interest outweighs the
harm to the expression and disclosure of information, including with respect
to the sanctions authorized.”
199. This Court wrote in the same vein in the case ILLIA MALAM MAMANE
SAIDAT v. REPUBLIC OF NIGER, Judgment No. ECW/CCJ/JUD/17/2021
of June 22, 2021, paras. 77 to 90).
200. However, the burden is on the authorities to justify any restrictions (See
GRYB v. BELARUS (CCPR/C/103/D/1316/2004), §13.4.), since those must
be able to demonstrate that the restrictions meet the requirements of legality,
necessity and are proportional. Wherever this burden is not met, this right is
violated. (See Human Rights Committee, General Comment No. 37, §36;
CHEBOTAREVA v. RUSSIAN FEDERATION (CCPR/C/104/D/1866/2009),
§9.3 and African Commission, MALAWI AFRICAN ASSOCIATON AND
OTHERS v. MAURITANIA, Comm 54/91, 61/91, 98/93, 164-196/97 and
210/98 (2000), §111)
201. In the instant case, the Respondent admits that the Applicant after
having been arrested for disobedience for failing to comply with the
summons to appear before the investigating judge, was released subject to
certain restrictions; that it is apparent from the provisions of the Code of
Criminal Procedure, namely Articles 112 to 124, that any accused person
may be granted simple or conditional provisional release; that it was in the
exercise of his legal prerogatives that the Dean of Investigating Judges
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