Before the Interim Ruling, the Republic
of Senegal raised two Preliminary
Objections:
one
on lack of jurisdiction
of the Court, and the other on
inadmissibility of the Application;
By
Interim
Preliminary
Judgment
of 4
February
Objections
raised
2013,
the
by the Defendant
Court
and
dismissed
ordered
the
that the
proceedings be pursued further.
12. The
Applicants
therefore
asked
for an
interim
decision,
praying
the
Court for the following:
A declaration that their political and human rights have been violated by
the Republic of Senegal, a Member State of the Economic Community of
West African States,
and that the Republic of Senegal must cease
the
said violations;
SK
N
To prevail upon and order the Republic of Senegal to adhere to the laws
and regulations,
as well as the international legal instruments in force,
by ceasing the said violations forthwith;
To declare null and void the inquiries conducted
by the Research Section
of the National Gendarmerie and by the Special Prosecutor at the Anti
Illegal-Wealth Court in violation of Law 81-53 of 19 July 1981 relating to
the combat
of illegally acquired
wealth
and
Decree
No.
81-839
of 18
August 1981 relating to the creation and organisation of Special Brigades
for tracking
illicit wealth,
and
t6 annul
all the
acts
arising from
the
violations thus committed;
To enjoin the Republic of Senegal not to carry out any legal act that could
lead to the arrest of the Applicants or to their trial, in violation of their
immunity from
prosecution
as
acquired from
their status
as former
Ministers, and in violation of their parliamentary immunity.
13. The
Republic
of Senegal,
Defendant,
opposed
all the
applications
those interim measures.
Relying on the 9 July 1986 Order made
Court
of Justice
of the
European
Spain
v.
and
Commission
Council
Union
of the
(case
concerning
European
for
by the
Kingdom
of
Communities),
it
-
~
ha
eae