Unanimously,
On Jurisdiction
i.
Dismisses the objection to jurisdiction;
ii.
Declares that it has jurisdiction.
On Admissibility
iii. Dismisses the objection to admissibility based on non-exhaustion
of local remedies;
By a majority of eight votes for and two against
iv. Holds that the Application was filed within a reasonable
time;
v. Declares the Application admissible.
On merits
vi. Holds that the Respondent State did not violate the people’s right
to self-determination, protected by Article 20 of the Charter in
relation to the adoption of the 27 January 2014 Constitution
through the Constituent Assembly;
vii. Holds that the Respondent State violated the independence of
the judiciary, protected by Article 26 of the Charter by interfering
in the promotion and discipline of judicial officers pursuant to the
Decree-Law of 12 February 2022;
viii. Holds that the Respondent State violated the principle of the
independence of the legislature vis-à-vis the executive in relation
to the application of the Decree of 30 march 2022.
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