must be interpreted as reference to the international norms. To the extent that the Manifesto did not contain any incitement to violence, it should be protected under international law. 103. Once again, the government did not contest the facts adduced by the complainants. In view of the foregoing, the Commission shall base its argumentation on the elements provided by the complainants. (Cf. decisions 59/91 et al, cited in para. 89). 104. Considering that the trials in question in paragraphs 3, 4 and 5 took place prior to the entry into force of the African Charter, the Commission finds no violation of article 9,2 as regards these cases. However if the indictments constituted a violation of the African Charter, the detention which ensued from them would be arbitrary and violates article 6. The Commission is of the view that these cases would have led to violation of article 9,2 had they taken place after the entry into force of the Charter, and consequently the detention of the accused would have been a violation of article 6. 105. The cases mentioned in paragraphs 8, 9 and 10, which were heard after the entry into force of the Charter, are a violation of the rights stated and protected in article 9,2. 106. Article 10,1 of the Charter stipulates that:: Every individual shall have the right to free association provided that he abides by the law… 107. Some presumed supporters of the Ba' ath Arab Socialist Party were imprisoned for belonging to a criminal association. The accused in the 3rd case relating to the Manifesto (para. 6) were charged for belonging to a secret movement. The government did not provide any argument to establish the criminal nature or character of these groups. The Commission is of the view that any law on associations should include an objective description that makes it possible to determine the criminal nature of a fact or organisation. In the case under consideration, the Commission considers that none of these simply rational requirements was met and that there was violation of article 10,2. 108. Article 11 of the Charter stipulates that: Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others. 109. The accused in the Manifesto case were charged for holding unauthorised meetings (paras. 3 and 6). The trial in question in para. 3 took place before the entry into 19

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