L'association Des Utilisateurs Des Technologies De L'informa Tion Et De La Communication & Monsieur Ndiaga Gueye v Republic of Senegal (ECW/CCJ/APP/37/23; ECW/CCJ/JUD/29/25) [2025] ECOWASCJ 24 (14 May 2025)

L'association Des Utilisateurs Des Technologies De L'informa Tion Et De La Communication & Monsieur Ndiaga Gueye v Republic of Senegal (ECW/CCJ/APP/37/23; ECW/CCJ/JUD/29/25) [2025] ECOWASCJ 24 (14 May 2025)

The internet and social media shutdowns imposed by the Republic of Senegal in June and July 2023 were not prescribed by clear and specific law, were not justified by demonstrated legitimate aims, and were neither necessary nor proportionate. These shutdowns violated the applicants' rights to freedom of expression...

Source-derived case information.

Citation
[2025] ECOWASCJ 24
Parties
Applicant: L'Association des Utilisateurs des Technologies de l'Information et de la Communication (ASUTIC); Applicant: Monsieur Ndiaga Gueye; Respondent: Republic of Senegal
Court
ECOWAS Community Court of Justice
Jurisdiction
Ghana
Judgment Date
14 May 2025
Case Number
ECW/CCJ/APP/37/23 ; ECW/CCJ/JUD/29/25
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application allowed in part; violations found; compensation and injunction granted; other claims dismissed.
Legal Topics
Freedom of Expression, Right to Information, Right to Work, Internet Shutdowns, Admissibility, Jurisdiction
Source Language
english
Human Rights Law Constitutional Law Telecommunications Law Freedom of Expression Right to Information Right to Work Internet Shutdowns Admissibility +1 more

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Parties

L'Association des Utilisateurs des Technologies de l'Information et de la Communication (ASUTIC)

Applicant

Monsieur Ndiaga Gueye

Applicant

Republic of Senegal

Respondent

Procedural Posture

Human Rights Application / Final Judgment

Legal Issues

  1. 1 Whether the internet and social media shutdowns by the Republic of Senegal violated the applicants' rights to freedom of expression and information under Article 9 of the African Charter and Article 19 of the ICCPR
  2. 2 Whether the shutdowns violated the second applicant's right to work under Article 15 of the African Charter and Article 6 of the ICESCR
  3. 3 Whether the shutdowns violated the second applicant's right to freedom of assembly under Article 21 of the ICCPR

Ratio Decidendi

The internet and social media shutdowns imposed by the Republic of Senegal in June and July 2023 were not prescribed by clear and specific law, were not justified by demonstrated legitimate aims, and were neither necessary nor proportionate. These shutdowns violated the applicants' rights to freedom of expression and information under Article 9 of the African Charter and Article 19 of the ICCPR. The second applicant's right to work under Article 15 of the African Charter and Article 6 of the ICESCR was also violated. The claims regarding freedom of assembly and certain claims by ASUTIC were not established or admissible.

Court Disposition

Application allowed in part; violations found; compensation and injunction granted; other claims dismissed.

Orders

  • Respondent to pay 250,000 CFA francs each to ASUTIC and Ndiaga Gueye for violations of freedom of expression and information.
  • Respondent to pay 250,000 CFA francs to Ndiaga Gueye for violation of right to work.