composition of the electoral body. The Court also notes that the Applicants did
not clarify what kind of advantage candidates from the ruling party would benefit
from
which
is allegedly denied
to other candidates,
particularly independent
candidates. Accordingly, the Court does not find that the Applicants have proven
any unfair advantage towards some candidates. Therefore, the Court does not
find that the right to equal protection of the law has been violated in relation to
independent candidates or any other candidates, as foreseen in Article 10(3) of
the ACDEG, Article 3(2) of the Charter and Article 26 of the ICCPR.
D. Alleged violation of the obligation to execute judgments
247. The Applicants assert that the Respondent State did not execute the judgment
rendered by this Court on 18 November 2016
in the matter of APDH
d'ivoire (merits), due to its failure to establish
an independent
and
v Céte
impartial
electoral body which is in compliance with the international legal instruments to
which the Respondent State is a party. The Applicants therefore submit that the
Respondent State violated Article 30 of the Protocol.
248. They
substantiate
this claim
based
on
their above
mentioned
submissions
relating to the entities that nominate electoral body members, the method used
to nominate those members which remain subject to the approval of the Council
of Ministers and the fact that the electoral body only has the power to make
proposals for the execution of its duties.
249. The Applicants also claim that the Respondent State failed to fulfil its obligation
under Article 30 of the Protocol because it did not carry out the reform ordered
by the Court within the timeline set by the Court, that is, one year from the date
the judgment was rendered.
250. The
Respondent
honoured
State disputes the claim of the Applicants and avers that it
its international
commitments
by adopting
Law
N° 2019-708
of 5
August 2019 on the recomposition of the IEC. It argues that the impugned reform
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