right of access to public responsibilities shall be justified, notably as a result
of having committed particularly serious crimes. It is therefore not a matter
of denying that the current authorities of Burkina may, in principle, have
the powers of restricting access to the right to vote, but it is the ambiguous
nature of the criteria of exclusion, and the expeditious and widespread
application thereof, which the Court considers contrary to the texts.
Forbidding any organisation or person from presenting its candidature for
elections, on the grounds of being politically close to an ousted regime,
whereas the person concerned has not committed any particular offence, is
tantamount, in the view of the Court, somewhat, to an offence for holding
an opinion, which is obviously unacceptable.
29. The exact scope of the law on restriction of access to the electoral race
must therefore be properly appreciated. Such law must not be used as a
means for discriminating against political minorities
30. In that regard, the argument regarding illegality of the anti-constitutional
change of government, extended to the Applicants, on the basis of the new
electoral code, is untenable. Without going into an argumentation on the
very manner in which the previous regime attempted to amend the
Constitution, the Court recalls that the sanction of an anti-constitutional
change of government goes against regimes, States and possibly their
leaders, and does not concern the rights of ordinary citizens. Neither the
spirit behind the sanction of anti-constitutional change of governments, nor
the general developing trends in international law, which seek to make
Human Rights a sanctuary, disregards the reasoning of States and regimes,
and does not permit an inconsiderate and indiscriminate application of the
coercive measures capable of being envisaged in such circumstances.
31. If, therefore, the principle of constitutional and political independence of
States incontestably implies that States are at liberty to determine the
regime and political institutions of their choice, and to adopt the the laws
they deem fit, that liberty shall be exercised in conformity with the
commitments the States have undertaken in that regard. Now, there is no
doubt that such commitments do exist, the impressive list of texts invoked
by the Applicants attesting to that fact. Within the specific context of
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