177. For all these considerations, the Court, using its discretionary appreciation,
awards the Applicant reparation for the moral damage he personally
suffered, in the amount of Five Million (5,000,000) CFA.
B. On non-pecuniary remedies
178. The Court recalls that the Applicant seeks measures to erase all effects and
all consequences arising from the violations of which the Respondent State
was found guilty, in particular in relation to the composition of the HJC,
Article 20 of Law No. 2018-01 on the status of the judiciary, Article 410(3) of
the Penal Code, the annulment of the decisions of the Constitutional Court,
the failure to execute the decisions of the Court, and the reconstitution of
the National Assembly.
179. The Respondent State did not submit on these requests.
***
180. The Court will proceed to consider the orders for reparations bearing in mind
that it cannot order reparations measures based on allegations for which no
human rights violation has been established.
i.
The composition of the HJC
181. The Court recalls that the Applicant seeks measures to remove all members
of the executive branch from the HJC, by instituting the election by an
absolute majority of its members, with the Chair of the HJC being a
democratically elected magistrate.
182. The Court notes that it has found a violation of Article 26 of the Charter by
virtue of the executive’s massive control over the HJC.
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