by the parties in accordance with either the principles of the Charter of the
United Nations or the Constitutive Act of the African Union, or the provisions
of the Charter.
61. In view of the foregoing, the Court finds that the Application meets all the
requirements of Article 56 of the Charter and of Rule 50(2) of the Rules.
Accordingly, the Court declares it admissible.
VII.
MERITS
62. The Applicant alleges human rights violations in relation to (A) the
subservience of the HJC, (B) the right of judges to strike, (C) the nonexecution of the decisions of this Court, (D) Article 401(3) of the Criminal
Code, (D) the remedy before the Constitutional Court, and (E) the
constitutional amendment and the Electoral Codee and the COS-LEPI.
A. On the allegations relating to the subservience of the High Judicial
Council
63. The Applicant alleges a violation of the independence of the judiciary due to
the massive interference of the executive power in the composition of the.
64. He asserts that the independence of the judiciary, protected by Article 26 of
the Charter, is violated due to the lack of separation of powers insofar as
the executive branch influences the judiciary through the composition of the
HJC and that, consequently, the Constitutional Court, by Decision DCC 18
- 142 of 28 June 2018, could not declare to be constitutional Law 2018 - 02
of 02 July 2018 amending and supplementing Organic Law No. 94 - 027 of
18 March 1999 relating to the HJC.
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