35. Finally, the Court notes that in accordance with Rule 50(2)(g), there is no
indication that the instant Application concerns a matter already settled by the
parties in accordance with the principles of the Charter of the United Nations,
the Constitutive Act of the African Union or the Charter.
36. In view of the foregoing, the Court finds the Application admissible.
VII. MERITS
37. The Applicants allege violation of the right to have one’s cause heard in several
respects (A); as well as the violation of the obligation to guarantee the
independence of the courts. They also allege the violation of the rights to
equality before the law and equal protection of the law (B) as well as violation
of the right to non-discrimination.
A. Alleged violation of the right to have their cause heard
38. The Applicants allege the violation of their right to have their cause heard, in
particular, the right to bring cases before domestic courts for any act violating
their fundamental rights (i), the right to be tried within a reasonable time (ii) by
an impartial tribunal. They also allege (iii) violation of the obligation to
guarantee the independence of the courts. In light of the connection between
the independence and impartiality of courts, the Court considers that it is more
appropriate to deal with the last two alleged violations in the same part5 (iii).
5
Sébastien Germain Marie Aïkoué Ajavon v. Republic of Benin, Judgment (merits and reparations) (2020)
4 AfCLR 133 § 176
10
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