section of the opposition and the civil society as to the impartiality of the
electoral body...” (Registry translation)
133. The
foregoing
shows
that
the
Ivorian
electoral
body
does
not
meet
the
conditions of independence and impartiality and cannot be perceived as such.
134. In the same
vein,
independence
and
the European
impartiality
Court of Human
of tribunals,
Rights, with
held
that
“in
regard
order
confidence in the independence and impartiality of the court, appearances
to
to the
maintain
may be of
importance’”,
135. The
Court,
in conclusion,
consequently
holds that by adopting the impugned
law, the Respondent State violated its commitment to establish an independent
and impartial electoral body as provided under Article 17 of the African Charter
on Democracy and Article 3 of the ECOWAS
136. Consequently,
African
Charter
the
on
Democracy Protocol.
Court further holds that the violation
Democracy
affects
the
right
of Article
of every
Ivorian
17 of the
citizen
to
participate freely in the conduct of the public affairs of his country as guaranteed
by Article 13 of the Charter on Human Rights.
b)
The allegation according to which the Respondent State has violated its
obligation to protect the right to equality before the law and equal protection
by the law
137. The Applicant maintains that the impugned
candidates
instance,
at the expense
is over-represented
and those of the Opposition
that out of the 17 members
of others;
within the
law accords advantages to certain
that the President of the Republic,
IEC whereas
are not represented
independent
for
candidates
therein; that proof thereof is
comprising the Central Commission
of the Ivorian
** Case of Findlay v. United Kingdom (Application No. 22107/93), Judgment of 25 February 1995, paragraph 76
NEC p=
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