9. In its Memorial in Defence, Burkina Faso avers that the Court has no
jurisdiction to adjudicate on the case, that the Application lodged is
inadmissible, and that it is equally ill-founded.
10. In terms of lack of jurisdiction of the Court, the Defendant State claims
that there is no concrete case of human rights violation filed before the
Court by the Applicants, but that at best, what is filed before the Court is
only a probable or hypothetical case of human rights violation; and that the
Court has always declared that it has no remit for adjudicating on cases of
that nature.
11. As to the inadmissibility of the matter before the Court, Burkina Faso avers
that the right at stake, concerning participation in the management of public
affairs, is “an individual and subjective right”, and not a collective right.
Thus, Burkina Faso claims that at least the portion of the Application
submitted by the political parties must be declared inadmissible.
12. Finally, as to the claim that the Application is ill-founded, as made by
Burkina Faso, the latter maintains that the right to participate in elections
“... is not a right of an abslute nature”, and that a State may institute
restrictions thereto. The resultant effect of the argumentation of the
Defendant State is that the exclusion of a number of organisations and
citizens from the current electoral process could be justified by the support
they may have provided for the former authorities of the country during the
draft constitutional amendement process to perpetuate the political power
already in place. The Defendant State further claims that the said
constitutional amendment process, perceived as “anti-constitutional” in the
Law of 7 April 2015, was the source of the upheavals which led to the fall
of the Government.
IV – ANALYSIS OF THE COURT
13. As to formal presentation,
6