B. In terms of violation of the principles of separation of powers and constitutional convergence 51. This principle is set out in the ECOWAS Protocol on Democracy and Good Governance, in its Article 1, which states that: “The following shall be declared as constitutional principles shared by all the Member States: a, b, c, etc.” 52. The Republic of Senegal maintains that natura! persons do not come under those principles, particularly because they cannot be dissociated from the States’ obligations to promote democracy, good governance and rule of law.on their territory. 53. On this separation issue, of the Court powers, is of the democracy, convergence, etc., as stated constitutional texts of the view good that the grand governance principles and constitutional in the Protocol, are principles enunciated States, and the Court holds that be difficult to assess the extent to which principles. In the instant case, the decree which illegal wealth and gihe«appointment the States The Applicants consider that those consolidates the law against of judges to_the anti illegalawealth ae since the as right, it observe anti court so does not amount to violation of any specific human right. 54. in the in as much disregarding any of said principles does not violate any specific human would of illegal-wealth court was inoperative for several years and no mention was made any more of the court within the structural organisation of the judicial system of Senegal, it could be considered as no more existent in the Senegalese judicial set-up, and therefore its re-invigoration by Presidential Decree, and ‘the re-appointment of members to the court by the Head of State, constitute a violation of the principle of separation of powers, potentially targeted at violation of their rights. On the other hand, the Defendant State maintains that the anti illegal-wealth court was never scrapped, nor was the law creating it abrogated; that the decree made by the President of the Republic only appointed members to the court, it did not create a new one. 55. The Court invigoration finds, on this of a law ‘which issue, had not that been the Applicants applied talked for several of the years’, re- a law 4 17 |

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