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Oocusign Envelope 10: E7AF91 C9-03FE-400B-8B32-60308B963041 (.~r) ~~!jse!-1 Jl.l]W _ Human Rights our Collective Responsibility Human and Peoples' Hiqhts Communication 709/19 Senateur Jean-Pierre Gombo Bell1ba c Republique democratique Congo du Adoptle par /a CommIssIon Afrlcalne des DroIt8 de 1'Homme et des Peup/es FaIt lots de /a 80'- SessIon OrrJlnall8 tenue vlrtuellement, du 24JuHIfItau 2 soOt 2024. The African Commission on Human and Peoples' Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region Phone: (220) 230 4361 Fax: (220) 441 0504 Email: au-banjul@africa-union.org klO!PlrJtre Afriqan(~) Unlon\.-~ https:lachpr.au.inUo"a ebjAIO

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Communication 709/19 - Senateur Jean-Pierre Bemba Gombo c. Republique democratique du Congo

ACHPR Decision

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Type of Document

Decision

Keywords

Participation in Government

Case Head Notes: The Complainant had his candidacy for the 2018 Presidential election rejected by virtue of Article 10(3) of the Respondent State's Electoral Law, which justified the rejection of his candidacy based on his "irrevocable" conviction for corruption by the ICC. The Complainant states that in their interpretation of the law, the Electoral Commission (CENI), and the Consitutional Court, which confirmed the CENI's decision, confused the concept of a "final decision" with that of an "irrevocable decision". The Complainant contended that the ICC decision could still be reviewed by the Appeals Chamber, and that no ICC decision can be "irrevocable" if proceedings are ongoing, which the Complainant claimed was the case in the matter that pertained to him. The Commission found no violation of Article 13 as they stated that there is a need to respect States' margin of discretion in determining eligibility conditions, and also because they do not want to encroach upon the Respondent State's interpretation of their own domestic laws. The Commission stated that, in matters that fall under domestic law, the Court's intervention is necessary only in cases of manifest error that would amount to denial of justice.

Country

Democratic Republic of Congo

Outcome: Decided on Merits

Year Decided: Aug 2, 2024

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 13: Right to Participate in Government
ACHPR 13.1: Right to participate freely in government

Rights Violated (ACHPR Provisions)

ACHPR 3: Right to Equality before the Law and Equal Protection of the Law

Rights Not Violated (ACHPR Provisions)

ACHPR 13: Right to Participate in Government
ACHPR 13.1: Right to participate freely in government

Duration of Procedure

Sep 17, 2018 ~ Aug 2, 2024

Country Geolocation

Latitude: -4.038333

Longitude: 21.758664

Country Geolocation (linked ACHPR Decision): Democratic Republic of the Congo

Primary Documents

Senateur Jean-Pierre Bemba Gombo c. Republique Democratique du Congo.pdf
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