Commission
of the
Respondent
State
and
on
this
Court's judgment
of 28
September 2017 to interpret said judgment.?
10.
The Court had found in its judgment in APDH
v Céte d'Ivoire (merits) that the
Respondent State had violated its obligation to establish an independent and
impartial electoral body, and consequently, also violated its obligation to protect
the right to participate freely in the government of the country.
Moreover,
the
Court found that the Respondent State had violated the obligation to protect the
right to equal protection of the law. The Court therefore ordered the Respondent
State to amend Law no. 2014-335 of 18 June 2014 on the Independent Electoral
Commission to make it compliant with the relevant human rights instruments to
which it is a Party.?
11.
In its judgment in APDH
v Céte d'Ivoire (interpretation) the Court declared the
request for an interpretation of the aforesaid judgment inadmissible as it did not
relate to any of the operative provisions of the Judgment.4
B. Alleged violations
12.
Inthe instant matter the Applicants allege that the Respondent State has violated:
i.
Its obligation to create an independent and impartial electoral body as provided
for
under
Article
17
of the
African
Charter
on
Democracy,
Elections
and
Governance (hereinafter referred to as “ACDEG’) and Article 3 of the Economic
Community
of
Governance
supplementary
Conflict
West
Prevention,
African
States
to the
Management,
(hereinafter referred to as “ECOWAS
Protocol
Protocol
relating
Resolution,
Democracy
to the
and
Good
Mechanism
Peacekeeping
and
For
Security
Democracy Protocol’);
2 See Actions pour la Protection des Droits de Homme
2 AFCLR 141.
on
(APDH) v. Céte d'Ivoire (interpretation) (2017)
3 Actions pour la Protection des Droits de I'Homme (APDH)
v. Céte d'Ivoire (merits) (2016)
4 Actions pour la Protection des Droits de Homme
v. Céte d'Ivoire (interpretation) (2017) 2
668 § 153.
AfCLR 141 § 18-19.
(APDH)
1 AfCLR
6