Transition. The defence of Burkina Faso, in regard to this point, is therefore
inacceptable.
34. The position adopted by the Court, moreover, rhymes with the view taken
by other judicial or quasi-judicial institutions when they had had to handle
similar cases.
35. In its General Observation 25, adopted under paragraph 4 of Article 40 of
the International Covenant on Civil and Political Rights, the United Nations
Human Rights Committee declared that: “The effective implementation of
the right and the opportunity to stand for elective office ensures that
persons entitled to vote have a free choice of candidates. Any restrictions
on the right to stand for election, such as minimum age, must be
justifiable on objective and reasonable criteria. Persons who are
otherwise eligible to stand for election should not be excluded by
unreasonable or discriminatory requirements such as education,
residence or descent, or by reason of political affiliation. No person
should suffer discrimination or disadvantage of any kind because of that
person's candidacy. States parties should indicate and explain the
legislative provisions which exclude any group or category of persons
from elective office.” (published on 27 August 1996).
36. The European Court of Human Rights recalls in its Judgment of 6 January
2011 in Case Concerning Paksas v. Lituania, that “In the Court’s view, it
is understandable that a State should consider a gross violation of the
Constitution or a breach of the constitutional oath to be a particularly
serious matter requiring firm action when committed by a person holding
that office. (...) However, that is not sufficient to persuade the Court that
the applicant’s permanent and irreversible disqualification from standing
for election as a result of a general provision constitutes a proportionate
response to the requirements of preserving the democratic order.” The
Court thus reaffirmed that the free expression of the opinion of the people
in choosing their legislative body must at all times be preserved. (§104 and
105, also see ECHR Judgments, 22 September 2004, Case Conserning Aziz
v. Cyprus).
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