free and fair elections,
its composition
must
be balanced”.'® The
issue of a
balanced composition of the electoral body is discussed further below.
172. The Court also considers that the allegations relating to the allegiance of the
National
Human
government
Rights
should
Council
and
be substantiated
the
and
Higher
Judicial
demonstrated
Council
and
not be
with
the
limited to
mere affirmations without objective evidence. It therefore dismisses them.
173. Furthermore, despite that the Respondent State did not offer any justification for
the presence of the personality proposed
by the President of the Respondent
State and the Minister in charge of Territorial Administration, the Court cannot
accept the unsubstantiated
allegation
that these personalities will undeniably
carry out the instructions and orders of the proposing entity.
b.
Appointment procedure of the members
of the electoral body
174. Regarding the procedure for appointing members to the electoral body, the Court
does not see how a priori it undermines the independence and impartiality of the
electoral
body.
It
is
certainly
reasonable
to
argue
that
relationships
of
dependency between an entity and its representative in an electoral body may
reduce the overall independence of the electoral body. However, it is exactly in
this
vein
that
the
Respondent
State
“strengthened”
the
independence
and
impartiality of the electoral body, as provided for in Article 17 of the ACDEG,
through the adoption of the new law by further reducing the direct link between
the proposing
entity and
the appointed
member
through
a new
method
of
appointment.
175. On the criteria for determining which opposition parties and CSOs
propose
members
guaranteed
by
any
for the electoral body,
national
law.
The
to invite to
the Court notes that they
Court
further
observes
that
are not
it is the
Respondent State that decides which opposition parties and umbrella or platform
16 Actions pour la Protection des Droits de Homme
668, § 125.
(APDH) v. Céte d'ivoire (merits) (2016) 1 AfCLR
38