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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