237. The Respondent, in turn, seeks from the Court to order the Applicant to
bear the costs of the proceedings.
238. Article 66 (1) of the Court's Rules of Procedure provides that “A
decision as to costs shall be given in the final judgment or in the order, which
closes the proceedings.”
239. Paragraph 2 of the same Article states that “The unsuccessful party is
ordered to pay the costs if so decided.”
240. Thus, in light of the above provisions, the Court considers that the
Respondent, as the losing party, will bear the costs of the proceeding, and
the Chief Registrar is responsible for settling them.
XV. OPERATIVE CLAUSE
241. For these reasons, the Court held a public hearing and having heard both
parties:
As to jurisdiction:
i. The Court declares it entertains jurisdiction;
As to admissibility:
ii. Declares that the application is admissible.
As to merit:
iii. Declares as established the violation of the Applicant’s right to freedom
of expression by the Respondent provided for in Articles 9 of the African
Charter, 19 of the (UDHR) and 19 of the ICCPR.
iv. Declares that the Respondent's arrest and detention by the Respondent
was arbitrary and illegal under Articles 6 of the African Charter, 9 (1) of the
ICCPR, 3 and 9 of the UDHR.
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