Emil Touray et al. vs Republic of the Gambia

On September 16th, 2020, Mr. Emil Touray and other applicants filed before the African Court on Human and Peoples’ Rights (the Court or the ACHPR) an application instituting proceedings against the Republic of The Gambia for alleged violations of the African Charter on Human and Peoples’ Rights (the Charter) in its Articles 1, 9 and 11 as well as other international instruments.

The applicants, all members of a group known as “3 years Jotna”, filed an application for permission to demonstrate with the Inspector General of Police in Banjul, in accordance with section 5 of the Respondent State’s Public Order Act. Having received no reply, they went to the designated place for the assembly where they were arrested by the security forces for unlawful assembly, conspiracy to commit a crime and conduct likely to undermine public order. These charges were later dropped. The applicants claimed that their right to freedom of assembly and expression had been violated.

The Republic of The Gambia did not participate in the proceedings. The Court concluded that it had jurisdiction to hear the case. However, the Court considered that the application was not admissible in so far as the case had already been settled in accordance with the principles of the Charter of the United Nations, either the Constitution of the African Union and the provisions of the Charter before another body.

Judgment of 24-03-2022.pdf

This summary is provided for informational purposes only, does not involve the responsibility of Dome and should in no way be used as a substitute for a careful reading of the judgment and order of the case.