the State has the right to legally determine the category of citizens to whom ”the accomplishment of a specific act or the access to a specific situation” should be entrusted. 60. The Respondent State considers it legitimate to require “a certain level of loyalty from whoever aspires to preside over its highest offices in the land”, which is the case for the office of President of the Republic or that of Speaker of the National Assembly or that of Deputy Speaker of the National Assembly. 61. Moreover, the Respondent State refutes the notion of discrimination advanced by the Complainant in this case, and contends that the Ivorian Constitution rather makes a “distinction” between the different citizens of the same country. Whereas, argues the Respondent State, it is not discrimination “when the distinction between individuals placed under similar conditions is made on a ‘reasonable and objective’ basis”. 62. The Respondent State quotes the American, Algerian, Beninoise, Burkinabe and Gabonese examples where access to the office of President of the Republic is restricted by various criteria including, for instance, that of nationality. 63. The Respondent State further argues that the discrimination and exclusion denounced by the Complainant can no long or be put forward before the African Commission considering that within the 6 context of the Pretoria Accord , which the Parties had concluded under the aegis of the African Union, the President of the Republic of Cote d’lvoire, making use of the exceptional powers vested in him by the Constitution (Article 48 ), had declared eligible all the candidates designated by the Parties in the 7 Marcoussis Accord . 64. For the Respondent State, “It appears from the terms of the communication (currently under consideration) that its main objective is the candidature of all those who want it, notably that of Mr Alassane Dramane Ouattara. Since this requirement has been satisfied in accordance with the principles of the African Union, Article 56.7 of the Charter can be applied”. 65. On the allegation of unequal protection of the law, the Respondent State argues that the immunity granted to the perpetrators of the events which brought about the change of government on th 24 December 1999 is neither total nor limitless in time, and that it only covers “the Members of the National Committee for Public Security (CNSP) and all the perpetrators of the events”. Therefore the other perpetrators of the looting, whether civilians or military committed during the military transition period, are not covered by this immunity. 66. With regard to the possibility of the victims instituting legal proceedings in order to obtain compensation for the wrongs they have suffered the Respondent State contends that there is no inequality as no victim can be allowed to institute proceedings against the people benefiting from the amnesty. African Commission’s decision on the merits 67. At its 41st Ordinary Session held in Accra, Ghana in May 2007, the State informed the Commission that it was in the process of dealing with the civil crisis in the country and the issues raised in the present communication would be dealt with. The Commission regrets the State Party’s failure to provide any further information will regard to developments on the substance of the author’s claims since then. 68. Having received submissions on the merits from both parties, and in the absence of any indication that this matter has been or is being resolved by the parties amicably, the Commission will proceed to consider this communication on the merits. 69. In the case under consideration, the Complainant alleges violation by the Respondent State of Articles 2, 3 and 13 of the African Charter. The African Commission has analysed these allegations in the light of the information at its disposal. 70. The Commission will deal with allegations regarding violation of Articles 2 and 13 together, and allegations regarding the violation of Article 3 separately. Allegations on the violation of Articles 2 and 13 of the African Charter 71. Article 2 of the African Charter stipulates that: