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
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