37. For all these reasons, and without any grounds for adjudicating on the
“consensual” nature or otherwise of the amendment of the electoral law
adopted before the elections, the Court holds that the rights of the political
parties and of the Burkina Be in question, who are unable to present
themselves for the elections as a result of the amendment of the electoral
law (Law No. 005-2015/CNT amending Law No. 014-2001/AN of 3 July
2001), must be restored back to them. The Court states moreover that the
international instruments invoked in support of the Application are indeed
binding on Burkina Faso.
38. The Court holds that it is reasonable, in the prevailing conditions, that
Burkina Faso bears the costs.
FOR THESE REASONS
The Court,
Adjudicating in a public session, after hearing both Parties, in a matter on
human rights violation, in first and last resort,
As to formal presentation
Dismisses the preliminary objections concerning lack of jurisdiction of the
Court and inadmissibility of the Application, as raised by Burkina Faso;
Declares that it has jurisdiction to examine the Application submitted before
it;
Declares admissible the Application submitted before it;
Equally declares admissible the Memorial in Defence filed by Burkina Faso;
Declares inadmissible the application for intervention filed by the law firm
Falana and Falana’s Chambers;
As to merits
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