152. The Court also ruled that the COS-LEPI, by virtue of its composition, does
not offer sufficient guarantees of independence and impartiality under Article
17(2) of the ACDEG and Article 3 of the ECOWAS Protocol on Democracy.41
153. The Court finds that there is nothing in the circumstances of the case that
warrants a Ruling otherwise.
154. The Court therefore considers it unnecessary to rule on the violations that
would result from composition of the COS-LEPI as well as the constitutional
amendment and the Electoral Code, with regard to the criteria for candidacy,
freedom of electoral expression and freedom of religion.
155. Accordingly, the Court finds that the Applicant's prayer that the Court find a
violation of the said rights is moot.
VIII.
REPARATIONS
156. Article 27(1) of the Protocol provides that: “If the Court finds that there has
been violation of a human or peoples’ right, it shall make appropriate orders
to remedy the violation, including the payment of fair compensation”.
157. The Court recalls its previous judgments on reparation42 and reaffirms that,
in considering claims for reparation for damage resulting from human rights
violations, it takes into account the principle according to which the State
found guilty of an internationally wrongful act is required to make full
reparation for the damage caused to the victim.
Ibid, XYZ v. Republic of Benin, § 148.
Beneficiaries of the late Norbert Zongo, Abdoulaye Nikiema dit Ablassé, Ernest Zongo and Blaise
Ilboudo and Mouvement Burkinabé des droits de l'homme et des peuples v. Burkina Faso, (Reparations)
(5 June 2015) 1 AfCLR 265, § 22; XYZ v. Republic of Benin, ACtHPR, Application No. 010/2020,
Judgment of 27 November 2020 (Merits and Reparations), § 139.
41
42
41