of waiver of his parliamentary immunity at ECOWAS level, having thus been filed a
criminal case against him under national jurisdiction, which he considers to be violators
of his rights, which, however, he does not identify.
The applicant claims that the procedure followed should be declared unlawful and that
the criminal proceedings against him be declared void.
The applicant alleges that were infringed:
- The Article 86 of the Rules of Procedure of the Burkina Faso National Assembly;
- The Article 1 of Supplementary Protocol A/SP.1/12/01 of 21st December 2001 on Good
Governance;
- The Article 21 of Additional Act A/SA/1/12/16 on Enhancement of the Powers of the
ECOWAS Parliament;
- The Articles 52 and 206 of the Burkina Faso Code of Criminal Procedure.
The applicant claims that his rights have been infringed, but he does not substantiate
them, although he invokes the jurisdiction of this Court, as provided for in Article 9 (4)
of Supplementary Protocol A/SP.01/01/05 of 19/01/2005, to hear cases of human rights
violations in any of the member States.
Indeed, it is stated in Article 9 (4) of the Supplementary Protocol that: "The Court has
jurisdiction to determine case of violation of human rights that occur in any Member
State."; And of article 10 (d) of the same law where it is stated that: "Can consult the
court: … Anyone who is a victim of human rights violations…. ”
And it is case-law of this Court, that its jurisdiction can not be called into question
whenever the facts being claimed are related to Human Rights. Cf. the Judgments #
ECW/CCJ/RUL/032/2010 of 14th March delivered on the case ECW/CCJ/APP/07/08
between Hissène Habré and the Republic of Senegal, # ECW/CCJ/JUD/05/10 of 8th
November 2010, delivered in the case #ECW/CCJ/APP/05/09 case between Mamadou
Tandja and the Republic of Niger; # ECW/CCJ/RUL/05/11 pronounced in the case
ECW/CCJ/APP/03/09 between Private Alimu AKeem and the Federal Republic of Nigeria.
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