238. Based on the above, the African Commission concludes that there is a violation of Article 26 of the African Charter by the Respondent State. However, there is no violation of Article 7(1) (a) of the African Charter for the mere reason that the Victims had an opportunity to appeal their claims in the Appeal Chamber. 239. AC HP R Alleged violation of Article 9(2)- Right to Freedom of Expression and Opinion The Complainants submit that there is a violation of Article 9(2) of the African Charter. 240. Article 9(2) of the African Charter provides that; “Every individual shall have a right to express and disseminate his opinions within the law.” 241. The Complainants argue that during the events on 25 May 2005, as journalists, the Victims were only attempting to assert their political opinions and to disseminate these views within the country. They submit that the Victims were prevented from exercising their profession and in the process, assaulted and sexually violated contrary to the protection afforded them under Article 9(2) of the African Charter. 242. The Respondent State did not dispute the Complainants allegations under Article 9(2) of the African Charter. This notwithstanding, based on the evidence before it, the African Commission will still proceed to determine whether this right has been violated by the Respondent State. 71

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