The Article 10 of the same Protocol states in turn that individuals may consult the Court
in order to obtain compensation for Human Rights, provided that the request is not
anonymous and that the same case is not pending before another competent
international court.
First, it appears that the applicant, in his original pleading, does not specify or identify
his human right violated by the Defendant State.
The applicant has the status of national and ECOWAS Community Parliament Member.
The applicant has alleges the violation of parliamentary immunity which he has, in the
course of criminal proceedings brought against him and that is being carried under
domestic or national court.
It remains to be ascertained whether the breach of parliamentary immunity
configures a violation of a human right:
The Constitution of the Republic of Burkina Faso, in its Articles 95 and 96, grants to the
national Parliament Members the parliamentary immunity, while the Regulation of the
National Assembly of the same State, approved by the Resolution Nº 001/2016/AN, in
its article 86, establishes the procedure to waive the parliamentary immunity enjoyed
by its Members.
In turn, the Protocol on the Parliament of the Community (A/P.2/8/94), and the
Supplementary Protocol A/SP.3/6/06, that amendments it, define the mode of election
of the Parliament Member of the Community (Article 7) and confers parliamentary
immunity on its members in all Member States (Article 9), while the Rules of Procedure
of the ECOWAS Parliament, lays down The procedure for waiving parliamentary
immunity (art. 8).
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