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94 Article 19 v Eritrea (2007) AHRLR 73 (ACHPR 2007) communications 105/93, 128/94, 130/94 and 152/96. 35 According to article 9(2) of the Charter, dissemination of opinions may be restricted by law. This does not mean that national law can set aside the right to express and disseminate one’s opinions; <strong>this</strong> would make the protection of the right to express one’s opinions ineffective. To allow national law to have precedence over the international law of the Charter would defeat the purpose of the rights and freedoms enshrined in the Charter. International human rights standards must always prevail over contradictory national law. Any limitation on the rights of the Charter must be in conformity with the provisions of the Charter. 106. By applying norms of international human rights law, the Commission has previously found, and finds in <strong>this</strong> case, that the imprisonment of journalists ‘deprives not only the journalists of their rights to freely express and disseminate their opinions, but also the public, of the right to information. This action is a breach of the provisions of article 9 of the Charter’. 36 107. Moreover, banning the entire private press on the grounds that it constitutes a threat to the incumbent government is a violation of the right to freedom of expression, and is the type of action that article 9 is intended to proscribe. A free press is one of the tenets of a democratic society, and a valuable check on potential excesses by government. 108. No political situation justifies the wholesale violation of human rights; indeed general restrictions on rights such as the right to free expression and to freedom from arbitrary arrest and detention serve only to undermine public confidence in the rule of law and will often increase, rather than prevent, agitation within a state. The Commission draws on the findings of the UN Human Rights Committee: The legitimate objective of safeguarding and indeed strengthening national unity under difficult political circumstances cannot be achieved by attempting to muzzle advocacy of multi-party democracy, democratic tenets and human rights. 37 For the reasons given above the Commission: • Holds a violation of articles 1, 5, 6, 7(1), 9 and 18 by the state of Eritrea; • Urges the government of Eritrea to release or to bring to a speedy and fair trial the 18 journalists detained since September 2001, and to lift the ban on the press; • Recommends that the detainees be granted immediate access to their families and legal representatives; and 35 Media Rights Agenda and Others v Nigeria [(2000) AHRLR 200 (ACHPR 1998)]. 36 Communication 147/95 and 149/96, Jawara v The Gambia [(2000) AHRLR 107 (ACHPR 2000)]. 37 Mukong para 9.7. African Human Rights Law Reports
Article 19 v Eritrea (2007) AHRLR 73 (ACHPR 2007) 95 • Recommends that the government of Eritrea takes appropriate measures to ensure payment of compensation to the detainees. African Commission on Human and Peoples’ Rights
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AFRICAN HUMAN RIGHTS LAW REPORTS 20
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CONTENTS Editorial User guide Abbre
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USER GUIDE The cases and findings i
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Nigeria Internet Law Reports www.ni
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x Table of cases Nigeria Inspector-
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SUBJECT INDEX This index is divided
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xiv Subject index Presumption that
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xvi Subject index Environment Inter
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xviii Subject index No legal remedi
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xx International instruments referr
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xxii International instruments refe
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xxiv International instruments refe
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xxvi International instruments refe
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INTERNATIONAL CASE LAW CONSIDERED U
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xxx International case law consider
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xxxii International case law consid
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UNITED NATIONS HUMAN RIGHTS TREATY
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4 Abbassi v Algeria (2007) AHRLR 3
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22 Njaru v Cameroon (2007) AHRLR 21
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30 Titiahonjo v Cameroon (2007) AHR
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36 El Dernawi v Libya (2007) AHRLR
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38 El Dernawi v Libya (2007) AHRLR
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Prince v South Africa (2007) AHRLR
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42 Prince v South Africa (2007) AHR
Page 78 and 79: 44 Prince v South Africa (2007) AHR
Page 88 and 89: Ben Salem v Tunisia (2007) AHRLR 54
Page 90 and 91: 56 Ben Salem v Tunisia (2007) AHRLR
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Page 108 and 109: 74 Article 19 v Eritrea (2007) AHRL
Page 130 and 131: Chinhamo v Zimbabwe ZIMBABWE (2007)
Page 132 and 133: 98 Chinhamo v Zimbabwe (2007) AHRLR
Page 134 and 135: 100 Chinhamo v Zimbabwe (2007) AHRL
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Page 154 and 155: 120 Katabazi and Others v Secretary
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Page 176 and 177: 142 Mike Campbell (Pvt) Limited and
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144 Mike Campbell (Pvt) Limited and
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DOMESTIC DECISIONS 147
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150 Waweru v Republic (2007) AHRLR
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166 Luboya and Another v State (200
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180 Inspector-General of Police v A
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190 Dzvova v Minister of Education,
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