79. She further contends that all these draconian, illegal and unconstitutional
measures, which are supposedly temporary, are still in place, so that the
establishment of the rule of law, justice and respect for human has been
shelved indefinitely.18 The Applicant prays the Court to find a violation of
Article 26 of the Charter.
*
80. The Respondent State submits that legislative and judicial powers constitute
a branch of its sovereignty, symbolising, in part, its internal authority. It
follows that no one may interfere with them or compel the Respondent State
to make decisions that violate its domestic law. The Respondent State
asserts that it is not amenable to any external control that seeks to influence
its decisions.
***
81. It emerges from the Applicant’s allegations that by interfering in the judicial
sphere, the President of the Republic, who is head of the executive, seeks
to (i) replace the Constitutional Court and the High Judicial Council by a
provisional body and (ii) to confer on the Head of State the powers of the
public prosecutor. The Court will examine each of these alleged violations
of the independence of the judiciary.
i.
Replacing the Constitutional Court and the High Judicial Council with a
provisional body
82. Article 26 of the Charter provides:
States parties to the present Charter shall have the duty to guarantee
the independence of the Courts and shall allow the establishment and
improvement of appropriate national institutions entrusted with the
promotion and protection of the rights and freedoms guaranteed by the
present Charter.
18
Presidential Decree of 24 August 2021 extended indefinitely the provisional measures taken on 25
July 2021.
22