Decision of the Commission on the merits
283.For the foregoing reasons, the Commission:
i. finds that the Respondent State violated Articles 6, 7, 8, 9, 10 and 11 of the African Charter.
ii. Does not find a violation of Articles 4 and 5 of the African Charter.
iii. declares that the Anti-Terrorism Proclamation No. 652/2009 is not in line with the Respondent State's obligations under the African Charter;
iv. requests the Respondent State to take steps to amend the Anti-Terrorism Proclamation No. 652/2009 to bring it in line with the African Charter;
v. requests the Respondent State to inform the Commission within one-hundred and eighty (180) days of being notified of this decision, the measures taken to implement the present decision in accordance with Rule 112(2) of the Rules of Procedure of the Commission 2010; and
vi. declines to draw the attention of the Assembly of Heads of State and Government of the African Union (AU) to the situation in accordance with Article 58 of the African Charter.
Done in Banjul, The Gambia, this 74th Ordinary Session held from 21st February to 7th March 2023.
