public-service responsibilities or in whom an elective public mandate is vested;
such denial of the exercise of the right to suffrage is implicitly embedded in
various criminal charges which may not have to be expressly pronounced by the
judge who decides such measures.
The restriction decided in the case in point is therefore legitimate and necessary.
Hence, the Applicant cannot legitimately claim that the application of the said
Electoral Code by Republic of Senegal amounts to human rights violation.
REGARDING VIOLATION OF THE RIGHT TO EFFECTIVE REMEDY
Article 14(1) of the International Covenant on Civil and Political Rights provides
that: “All persons shall be equal before the courts and tribunals. In the
determination of any criminal charge against him, or of his rights and
obligations in a suit at law, everyone shall be entitled to a fair and public
hearing by a competent, independent and impartial tribunal established by
law.”
According to Article 2 of the same Covenant: “Each State Party to the present
Covenant undertakes: (a) To ensure that any person whose rights or freedoms
as herein recognized are violated shall have an effective remedy,
notwithstanding that the violation has been committed by persons acting in
an official capacity; (...) (b) To ensure that any person claiming such a remedy
shall have his right thereto determined by competent judicial, administrative
or legislative authorities, or by any other competent authority provided for by
the legal system of the State, and to develop the possibilities of judicial
remedy; ...”.
The Court notes that Article 11(2) of Law No. 2018-476 on the extraordinary
revision of the electoral list for the purposes of the Presidential election of 24
February 2019, provides that: “From 3 July 2018, to reclaim his rights, any voter
omitted or a victim of a purely technical error of his registration, and in
possession of his receipt, shall have fifteen (15) days to report the matter
directly or through the CENA or the Presiding Judge in his area of jurisdiction,
or through the Head of Diplomatic Mission or Consulate, if he resides outside
Senegal”.
Translator: E. Nkansah 12