231. Furthermore, the Applicants assert that if the President of the Respondent State
would stand for elections or put a candidate forward from his party, the fact that
he is represented in the electoral body together with other representatives of his
government
and
the
members
of
the
candidates
are not represented,
would
candidate
of
independent
the
ruling
party,
whereas
independent
result in an unfair advantage
ruling
party
vis-a-vis
candidates,
which
constitutes
other
candidates
for the
and_
particularly
that
cannot
a discrimination
be
reasonably and objectively justified. Therefore, the Applicants maintain that the
Respondent
State
has violated
its obligation to guarantee
the right to equal
protection of the law.
232. The Respondent State disputes the claims of the Applicants and argues that in
no way can the impugned law be read as being devoted to the representation of
candidates from political parties, since this connection of representation has been
replaced
by the mechanism
of proposal. Therefore,
in any way
violate the right of citizens
from
participate
in
directly
their
country,
either
the impugned
the Respondent
or
through
law does not
State
to freely
freely
chosen
representatives.
233. The Respondent State also contends that the impugned law cannot occasion a
violation of the right to equal access to the public services of the country, since
its electoral body does not interfere in matters relating to the access to the public
service of the country.
234. The
Respondent
State
also
notes
the
challenges
of identifying
independent
candidates to participate as an entity to propose members to the electoral body,
considering that they are by definition not affiliated to any political organisation.
Furthermore,
the
Respondent
State
observes
that,
when
constituting
the
electoral body more than a year before the elections, independent candidates
have not yet submitted their nomination papers which could be used to identify
them
as
independent
candidates.
The
Respondent
State
also
asserts
that
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