Ii"}).J ACHPR
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African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
252. The Commission, concerning the limitation of Article 9, considers its Resolution on the
Adoption of the Declaration of Principles on Freedom of Expression in Africa (2002)208
and holds that any restrictions on freedom of expression shall be provided by law, serve
a legitimate interest and be necessary for a democratic society.
253. Associating these principles with the facts, the Complainants submitted that the Victims
were merely participating in a political demonstration/ sit-in at Tahrir Square, not a full
month after mass demonstrations led to the removal of Egypt's long-time ruling
president Hosni Mubarak. The demonstration the Complainants took part in called for
specific political objectives, such as creating a new post-revolution constitution and the
removal of Prime Minister Ahmed Shafik, who was appointed to his post by Mubarak,
only to be destructed on 9 March 2011, by the Egyptian military tanks and soldiers,
together with individuals dressed in civilian clothes, who marched onto Tahrir Square,
burned tents belonging to individuals who participated in the sit-in and arrested 18
female protesters, victims inclusive.P?
254. In the end, the Crux of the matter is whether the activities in which the Complainants
expressed their political opinions fell within the recognised scope of limitation of the
freedom of expression, assembly and freedom of opinion. The Commission finds it
negative. It hence remains guided by its decision in Kevin Mgwanga Gunme et al vs
Cameroono» that invocation of restrictions to the rights enshrined in Articles 9 (2) and 11
does not absolve the State from its duty to guarantee these rights. Preventing
individuals from peacefully expressing their (political) opinion in public and from
participating in peaceful protest through arrests, detention, and abuse, as in the present
case, cannot be justified, as such disproportionate conduct amounts to a blanket
restriction and hence a violation of the freedoms guaranteed in Articles 9 and 11.
255. The Commission holds that the arrest, detention, and subsequent ill-treatment and
torture of the Victims were in response to the Complainants' exercise of their freedom
of expression and assembly. As is evident from the context of the violations that took
place, the nature of the questions put to the Victims and the accusations levelled against
208 African Commission, Resolution on the Adoption of the Declaration of Principles on Freedom of
Expression in Africa (2002)" Res.62(XXXII)02, at
http://www.achpr.org/files/sessions/32nd/
resolu tions / 621ach
(Last accessed on 14u, April 2023)
209 See, Paragraph 215
210
Communication 266/03, para.137
591 p,h " g c
African'
Union
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