; .e .1. ACHPR African Commission on Human and Peoples' Ri~Jhts Human Rights our Collective Responsibility I Rights Agenda v. Nigeria,30 Amnesty Internati?nal v. Zambia" and Scanlen & Holderness v. I Zimbabue.» 107. : I , The Second Complainant also subm~ts that freedom of expression constitutes one of the essential foundations of a democratic society and may only be restricted in certain circumstances in line with inteJnational standards. In support of her I submissions, she cited the case of Konate v Burkina Faso33 where the African Court laid the three-part test in determining the restridtions; whis:lj:;~i~t(t~~fletherthe restriction was provided by law, (ii) whether the restriction ~~lt~~~\~ Iegi~~~te purpose and (iii) whether the limitation was necessary to acJiev 'e s~~;~~j~tiv~:irld thatthis test was , ,::,'."~ ", "' .. '~ "". ',' laiitan~ avers lhat:sJ:l~ is an also applied by the Commission.w TheA':' , '''''"_:':',,,, accomplished journalist who is well ~rl6 'rc a-, al stan~~'~tt'the_policiesof the , ,'1 " ~', ./' Ethiopian Government and as<g::J~$.plt,wa " "" ed to threats and attempted intimidation to make her ab~nd~~e~';Wt'~;;j9,~rnllisf but she was undeterred. She avers that she continuecll;fi~tL;%r.brk and.~ri~~c~tions ah'~:;~'f'0trnded her own monthly . . 'Ie, ';;,';(" ;:,~. I' AT" ,.',t"" magazine called C~9:rzg~t:,~nd est~l:?Us¥ted her o~ti;1?~blishing house but it was shut ~"""> """. ~'''t. , < •. "" I ," ,/ . down in Novemb,~;'2010.'SRethe~'Wbrked as editbr':~fAddis Press, columnist for Feteh \~~,,' ':''')-'>~ I l;~,i.i: <J Newspaper, reg~~ar contributor to the ~t~iopian Review, all of which were also shut ~:;i;:1',", .. :j,,;. down. That as a r;~~'1Jltof her work, s~e w~s[inally arrested, prosecuted and convicted '<i,r);:'~'i" . of c?nspiracy to 2'o~! terrorist 'IS I .~ji~Sand participating in a terrorist organisation und~1i'~~~e 20£)9Terr~if~;m;r ~~t~~~~ion (Jroclamation of 2009) and Criminal Code <-, "" ~~i(\.-~]~·- "',~ --.... ',\ respectively.": ...',;;,""" \~\~ 108. -. ,._ ',.,.: .... ;, ''''.,..., " ·t_·}' TI1e:,~~condCOIU!31ainant submits thflt the restriction of her right to freedom of expression-did not meet the any of the iconditions provided above because the restriction wmfrtot provi~ed by law, it did 10t serve a legitimate purpose and was not 271 P age The African Commission on Human and Peoples' Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region Gambia Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/acl1pr.au.intlO·(_t I!:!I

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