In
the
current
Application,
the
Applicants
are
nine
Ivorian
individuals.
Furthermore, nowhere in the file before the Court is a connection between APDH
and the Applicants suggested,
let alone established.
However,
since both the
current Application and APDH v Céte D'Ivoire (merits) can be qualified as public
interest cases, the “identity of the parties”, can be considered as being similar, to
the extent that they both aim to protect the interest of the public at large, rather
than only specific private interests. Therefore, the Court holds that the criteria of
“identity of parties” has been met.
106. The
second
criterion
concerns
the
similarity
of the
Application.
While
it is
undisputed that the current Application is largely concerned with a similar subjectmatter,
namely
the independence
and impartiality of the Respondent
State’s
electoral body, the Court still needs to determine whether the legal and factual
elements of the Application are the same.
107. In the instant Application, the Court notes that the legal and factual basis to
decide on the independence and impartiality of the Respondent's electoral body
are not the same. According to the Applicants, no Application concerning Law
No. 2019-708 of 5 August 2019 relating to the recomposition of the IEC has ever
been filed. The Court also notes that the Application in APDH
v Céte D'Ivoire
(merits) contested Law 2014-335 of 18 June 2014 on the Independent Electoral
Commission.
108. Therefore, considering that the Applicants contest a new law which was adopted
after the 2017 judgment and considering that subsequent events have changed
the factual situation previously known to the Court, the Court finds that the second
criterion has not been met.
109. Concerning
merits
the third criterion which
exists,
the
Court
observes
interrogates whether a first decision
that
no
decision
exists
concerning
on
the
conformity between the impugned new law on the electoral body of 2019 and the
international legal instruments invoked by the Applicants. Therefore, the Court
finds that this criterion has not been met.
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