After deliberation,
Renders the following Judgment:
THE PARTIES
Messrs SUY Bi Gohoré Emile, KAKOU
Patrice,
KOUADJO
Frangois,
YAO
Gnessoa
Désiré,
DJEDJE
Mady
TRAZERE
Olibe
Célestine
(hereinafter
Guikahué
N’guessan
Alphonse,
Maurice, KOUASS!
Justin
SORO
referred
Innocent,
Kigbafori
Kouamé
GNONKOTE
Guillaume
and
to as “the Applicants”)
are
nationals of the Republic of Céte d'Ivoire. They challenge the independence and
impartiality of their country’s electoral commission.
The Application is filed against the Republic of Céte d’lvoire (hereinafter referred
to as “the Respondent State”), which became a Party to the African Charter on
Human and Peoples’ Rights (hereinafter referred to as the “the Charter”) on 31
March
1992 and to the Protocol on 25 January 2004.
On 23 July 2013,
the
Respondent State deposited the Declaration prescribed under Article 34(6) of the
Protocol through which it accepted the jurisdiction of the Court to receive cases
from individuals and non-governmental organisations (hereinafter referred to as
the “Declaration”). Meanwhile, on 29 April 2020, the Respondent State deposited,
with the African Union Commission, an instrument withdrawing its Declaration.
SUBJECT OF THE APPLICATION
A.
3.
Facts of the matter
It is alleged in the Application that between
21 January
Respondent
dialogue
State
organised
a
political
and 26 June 2019, the
process
to
reform
the
Independent Electoral Commission. Thereafter, a new law on the recomposition
of the Independent Electoral Commission (herein after referred to as “IEC”) was
passed by the National Assembly on 30 July 2019 and by the Senate on 2 August
2019. It was then promulgated by the President of the Respondent State on 5
August 2019 as Law N°2019-708.