of its international
commitments.
instruments alleged to have
been
It maintains
that none
of the
international
violated prohibits the inclusion
of persons
belonging to political parties or groups in the electoral body.
150. The
Respondent
State also disputes
the claim from
the Applicants that the
proposing entities, the Higher Judicial Council and the National Human
Rights
Council should be considered as being aligned with the government. According
to them, these bodies are independent. The guarantees of their independence
are provided both by their legal framework and their composition. Therefore, they
dismiss the claim from the Applicants
that the members
proposed
by these
entities do not offer sufficient guarantees of independence and impartiality for two
main reasons. First, the personality proposed by the Higher Judicial Council is a
judge and, in that capacity, they do not belong to any political grouping. Second,
the personality proposed by the National Human Rights Council, whether chosen
from within the Council or not, must come from civil society, which offers a further
guarantee of their independence.
151. The Respondent State did not make any submissions concerning the claim of the
Applicants
about
the
unjustifiable
presence
in
the
electoral
body
of
the
personalities proposed by the President of the Respondent State and the Minister
in charge of Territorial Administration.
152. Regarding the appointment procedure of the members of the electoral body, the
Respondent State argues contrary to the position of the Applicants that there is
a great difference between the notion of “being proposed’ by an entity and “being
a representative”.
According
to the
Respondent
State,
under the system
of
representation, power is given to a person to act for and on behalf of another
person.
For the Respondent
State,
it is akin to the mechanism
of a mandate.
Acting for and on behalf of a mandator, the representative or mandatee has no
authority of their own and is subjected to instructions and guidelines given by the
person they represent.
153. In contrast,
under the present system
particular member
does
not entail any
of nominations,
form
the appointment
of subordination.
Therefore,
of a
the
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