IV – Legal Analysis by the Court
The Court must first examine the main issues raised, and
which are the subject – matter argued before it, in a logical
manner, as it considers them.
As form:
a) On the objection drawn from
Plaintiff/Applicant’s quality to act
the
lack
of
Following its Memorial in Defence filed on 25 January
2018, the Republic of Guinea – Bissau raised an objection
as to inadmissibility of the initiating Application on the
ground that Plaintiff/Applicant was never married to the
late Head of State, hence she lacks quality to act before the
Honourable Court, to the extent of seeking reparation.
But, whereas the effectiveness of the ECOWAS Regional
Human Right protection Mechanism places an obligation
of a guarantee of effective appeal for every person that feels
directly affected by the violation of his fundamental rights.
The Court is of a strong opinion that in the instant case,
the
admissibility
of
the
Application
filed
by
Plaintiff/Applicant cannot be considered only on the
existence or otherwise of a link of right between her and
the defunct victim. The only important issue for
Plaintiff/Applicant is the administration of the proof of
shared feelings, which was materialized by being intimately
close to late President Nino Vieira, and which constitutes
the objective proof of that communal living or of feelings
between the two parents.
At this juncture, it important to emphasise that through a
Reply filed on 25 September 2017, Mrs. Gomes de Pina
claimed that she was effectively married to President Vieira
in a customary marriage, and that from that union between
the two of them, three children were born, namely Eden
7