005/12 Amir Adam Timan v. Sudan African Union African Court on Human and Peoples' Rights In the Matter of: Amir Adam Timan v. The Republic of the [sic] Sudan Application 005/2012 Decision The Court composed of: Gerard NIYUNGEKO, President; Sophia A.B. AKUFFO, Vice-President; Modibo T. GUINDO, Fatsah OUGUERGOUZ, Augustino S.L. RAMADHANI, Duncan TAMBALA, Elsie N. THOMPSON and Sylvain ORE- Judges; and Robert ENO - Registrar, In the matter of: AMIR ADAM TIMAN V. THE REPUBLIC OF THE [sic] SUDAN After deliberations, makes the following decision: 1. By an application dated 25 February 2012, Barrister Mbu ne Letang, Lawyer residing in Kinshasa, filed a case to the Court on behalf of his client, Amir Adam Timan, a Sudanese national, and a native of Darfur, currently residing in the Democratic Republic of Congo, who has been accused by the Sudanese Government of being a member of an opposing force to the legitimate Government of The Sudan. The Applicant alleges violation of Articles 12(1) × Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. ,2 × Everyone shall be free to leave any country, including his own. ,3 × The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant. ,4 × No one shall be arbitrarily deprived of the right to enter his own country. and 13 1

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