an individual ‘‘to complain, in abstraction, of a law, by the simple fact
that this law seems to violate the Convention’’. Viewed from this angle,
the Court agrees with the European Court that: ‘‘it does not suffice for an
individual Applicant to claim that the simple fact of the existence of a law
violates the right that he has been enjoying, under the Convention. The
law must have been applied against his person’’ (…). Thus, in principle,
the violation of human right is examined, a posteriori, with proof that the
violation has already taken place.
However, this jurisprudence has undergone little toning down, sequel to
the evocation of ‘‘some exceptional circumstances’’, which allow the
admittance of the fact that, there is a risk of future violation, which confers
on an Applicant, the state of a victim of a violation of the Convention (…),
which admits that, before the Applicant can claim to be a victim, in such
circumstances, ‘‘he must produce convincing and reasonable indices
showing the probable realization of a violation that would affect his
person’’. This means that the mere suspicion or conjecture does not
suffice.”
48.
Also in CONGRÈS POUR LA DÉMOCRATIE ET LE PROGRÈS (CDP) &
ORS. v. BURKINA FASO (2015) CCJELR 295, the Court had opportunity to
consider the non-concrete nature of a claim, it held that:
“As regards the allegation by Burkina Faso that the Court lacks
jurisdiction to adjudicate on the case before it, as a result of the nonconcrete nature of the claims of violation brought by Burkina Faso, the
Court has always held that it only makes rulings, in principle, on cases of
human rights violation which are concrete, real and proven, and not on
violations claimed to be possible, contingent or potential. One may thus
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