he is a member of, save in case of flagrant crime or offence as provided
for under the preceding
paragraph
herein
above,
or in case
of a
final
criminal sentence.”
25. For the Applicants, the proceedings instituted against them
of the
immunities
Honourable
Court
and
to
privileges
find
recounted
in concreto,
above
that
their
shall
in violation
enable
the
rights
are
human
violated and they ask the Court to order any appropriate measure it may
deem expedient, by granting their requests.
Regarding violation of the principle of separation
—
-
of powers
and the
principles of constitutional convergence
26. The
Applicants
cite
the
ECOWAS
Protocol
on
Deniocracy
and
Good
Governance, which enshrines separation of the powers of the Executive,
the
Legislature
and
the
Judiciary,
as
principles
of~constitutional
convergence shared by all the Member States of ECOWAS.
27. They affirm that the Republic of Senegal
ane
Illegal-Wealth Court, which no more formed part of the judicial set-up of
Senegal, the last-vestige of the court beet Law’ No: “84-19-of 2 February:
1984 setting out the structural
that the sole objective
framework
of the Judiciary of senegal;
of resuscitating the court was to neutralise and
persecute the principal political opponents of the new power in place.
28. They emphasise that the Defendant
State is simply bent
on harassing
former Ministers and supporters of the former President of the Republic
of Senegal, in viciation of the provisions of Article 10 of the Protocol on
Democracy
and good
Governance,
which
provides that: “All holders of
power at all levels shall refrain from acts of intimidation or harassment
oni
sae,
against defeated candidates or their supporters.”
Il.
VIOLATION OF THE APPLICANTS’ HUMAN RIGHTS
29. For the Applicants, what is at stake in the instant case is violation of the
principle
of free
movement
of persons
and
principle of equality of citizens before the law
well as violation of the right to fair trial.
goods,
violation
of the
and before the courts, as
@
:
brought back to life, the Anti