120. The Applicants also assert that the modifications of the impugned law do not have a material effect on the arguments put before the Court, because even with the amendments, impartial the electoral impugned body as law still fails to establish required by the an independent abovementioned human and rights instruments to which the Respondent State is a Party. 121. They further contend that the modifications to the law and the manner in which it was altered, strengthens their argument that the law of 2019 failed to establish an independent and impartial electoral body and that the unilateral amendment of the law by the government without any form of dialogue underscores the dependence of the electoral body on the government. 122. Finally, the Applicants note that they also base their argument on provisions of the impugned law that have not been amended by the Order N° 2020-306 of 4 March 2020. For example, the Applicants argue that the electoral body also lacks administrative and financial autonomy and the provisions regulating these matters have not been altered by the Order N° 2020-306 of4 March 2020. kik 123. The Court notes that the instant Application concerns the alleged violation of the Respondent State’s obligation to establish an independent and impartial electoral body. 124. The Court also notes that the Applicants as well as the Respondent State have referred at different times in their submissions to the general legal framework governing the structure and functioning of the electoral body. For example, the Applicants refer to Article 40 of the Law on the Composition, Organisation, Powers and Functioning of the IEC of 9 October 2001 (which has subsequently been modified) to challenge its financial autonomy. State refers to Article 1(2) of the same Whereas the Respondent law to support its argument that the electoral body is institutionally independent. The Court observes that neither of these two Articles have been amended by Law N° 2019-708 of5 August 2019 on the recomposition of the IEC nor by Order N° 2020-306 of 4 March 2020. 26

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