Joao Vieira, Vieira Junior and Thirzah de Pina
Bernado Vieira, as could be seen on the Birth Certificates
duly issued by the Authorities and produced before the
Court, during the adversarial procedure. This fact was
never contested by the State of Guinea - Bissau. The Court
holds that this fact really constitutes the proof of a link,
which, on its own, constitutes the ground to establish that
the Plaintiff/Applicant sufficiently has an interest to act.
In the instant case, not only were the children born of the
couple, a fact that the State of Guinea - Bissau has never
contested, yet, there was never proof brought to the
attention of the Honourable Court that there had never
been a union, even on a temporary basis, between
Plaintiff/Applicant and late Nino Vieira, while Defendant
only laboured to allege that the assassination of the Head
of State took place « in the presence » of his « legitimate »
wife. This sole circumstance, assuming it was true, is not
certainly sufficient to contest the locus standi.
Moreover, the Court wishes to declare that it is not bound
by the National Legislation of the State of Guinea – Bissau,
which, as it were, has declared « null and void » a possible
« marriage » between Plaintiff/Applicant and late President
Vieira. The ground used here is, of course that of
international law, as enshrined in conventions and other
obligations to which the State of Guinea – Bissau has
subscribed to. The reference to the national law to examine
a principle of a fundamental right is not in any way
pertinent here. Also, the same principle abhors that some
moral considerations or value judgments should be used
to examine the resolve of two free and consenting persons
in their marriage. Rather than being subjective, the Court
has adopted an objective view point in the instant case: it
has limited itself to noting that there existed a union, or a
simple link, an affective link, which is attested to by the
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