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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