40. The Respondent State did not make any submissions on this issue. *** 41. The Court acknowledges that the right of citizens to engage in the political affairs of their nation stands as a fundamental democratic entitlement safeguarded by both the Charter and various other international human rights instruments.4 42. Article 13(1) of the Charter provides that: Every Citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 43. The Court notes this provision expressly guarantees both the right to vote and to be elected.5 As the Court has previously held, The right to participation confers on all citizens the right to be involved in the government of their country directly or through their freely chosen representatives. It includes the right to vote and stand for elections to assume political or official positions as well as obtain, without discrimination, the opportunity to serve their nation being part of the government. Where citizens vote to indirectly participate in the affairs of their country through representatives, the right entails respect for the citizens’ freedom to choose their representatives and the prohibition of any measure that would compromise their representatives' ability to perform functions that they have assigned to them. 6 44. In the present case, the Court notes that the Applicants’ allegation pertains to the manner in which the Supreme Court of Appeal of the Respondent 4 See Article 21(1) UDHR and Article 25(1) of the ICCPR. ACHPR, Constitutional Rights Project & Civil Liberties Organisation v. Nigeria (1998), Communication No. 102/93. 6Brahim Ben Mohamed Ben Brahim Belgeith v. Republic of Tunisia, ACtHPR, Application No. 017/2021, Judgment of 22 September 2022, § 111. 5 12