The Applicants were represented by the following lawyers:
Maître Moussa Coulibaly, lawyer registered with the Bar Association of
Niger ;
- La Société Civile Professionnelle d’Avocats (SCPA) Ouattara-Sory et
Salambéré, lawyers registered with the Bar Association of Burkina Faso ;
- Maître Flore Marie Ange Toe, lawyer registered with the Bar Association
of Burkina Faso.
2. The Defendant in the case was Burkina Faso, represented by Maître
Savadogo Mamadou and by Kam et Some SCP Law Firm, all lawyers
registered with the Bar Association of Burkina Faso. Burkina Faso filed a
Memorial in Defence, lodged at Registry of the Court on 29 June 2015.
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II – THE FACTS AND PROCEDURE
3. Following violent demonstrations which occurred in Burkina Faso on 30
and 31 October 2014, culminating in a number of deaths and destruction of
public and private properties, the President of the constituted Republic
(Burkina Faso) till then, whose project of constitutional amendment had
thus been denounced by the demonstrators, resigned from his functions.
Attempted coups d’état immediately followed the power vacuum, before a
political transition, supported by the international community in general
and ECOWAS in particular, was put in place, to restore peace in the country
and to lead it to democratic and transparent elections.
4. The national front, which brought together all the active political forces of
Burkina Faso, within that context, adopted on 13 November 2014, a Charter
of Political Transition, and put in place a National Council of Transition
(CNT). Vested with legislative powers, the Council thus carried out a
number of reforms, among which a reform of the electoral law. It was in
that connection that the Council adopted on 7 April 2015, Law No. 0052015 amending Law No. 014-2001/AN of 3 July 2001 on the electoral code.
Among the persons rendered ineligible, that is to say not qualified to run
for the elections, the new Article 135 added, outside the nominally
identified as:
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Private individuals deprived of their rights of eligibility by judicial
decision, in compliance with the laws in force,
Persons vested with the functions of a judicial council,
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