It is on this basis that the Supreme Court adopted a different interpretation
of the applicable law, and, in its Judgment No. 186 of 7 April 2006,
dismissed the Applicants’ request for regularisation after consideration
thereof stating the grounds for doing so
97. The Court observes that, the Supreme Court’s decision was entirely within
its prerogative to develop its own jurisprudence. As such, the Court does
not find that the Applicants were treated unfairly or discriminated against
during the proceedings before the Supreme Court.
98. In view of the foregoing, the Court dismisses the Applicants’ allegation that
the Respondent State, through its Supreme Court’s decision, infringed up
on their rights to equality before the law and to non-discrimination. The Court
thus holds that the Respondent State has not violated Articles 2 and 3 of
the Charter read jointly with Article 26 of the ICCPR.
B. Alleged violation of the right of access to the public service
99. The Applicants submit that Article 125 of the Law of 12 July 20120 restricts
the right to hold a public service office, protected by Article 25(c) of the
ICCPR as regards the obligation to obtain prior approval of the hierarchical
superiors.
**
100. The Respondent State points out that the Law of 12 July 2010 on the status
of police officers does not contain any provisions that are contrary to
national or international legal standards, and that it is the Applicants who
want the administration to apply it inappropriately.
101. The Respondent State also submits that Amadou Dembélé, one of the four
Applicants and candidate in the professional competitive examination, was
enrolled as a Cadet Superintendent of Police at the NPA on 16 January
2018, pursuant to Decision No. 2017-3261/MSPC-SG of 2 October 2017.
According to the Respondent State, this is ample proof that it still respects
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