State has not provided any information indicating that the Victims, in exercising their right to freedom of expression, were threatening national security or public interest.111 256. On the bases of the above arguments, there is clearly a violation of Article 9(2) of the African Charter by the Respondent State. 257. AC HP R Alleged violation of Article 16- The Right to health The Complainants allege a violation of Article 16 of the African Charter by the Respondent State. 258. Article 16 has two facets to it: Article 16(1) states, “Every individual has a right to enjoy the best attainable state of physical and mental health;” and Article 16(2) provides that “States parties to the present Charter shall take all necessary measures to protect the health of citizens and ensure that they receive medical attention when they are sick.” 259. The Complainants submit that the acts perpetrated against the Victims included the infliction of physical, mental and sexual harm which has resulted in physical and emotional injury. According to the Complainants, this has detrimentally affected their physical and mental well-being contrary to Article 16 of the African Charter. 111 The concept of National Security and Public interest was recognised as justifiable grounds to limit freedom f expression under the Charter in the Kenneth Good Case. Para 189. 76

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