in the African Charter on Human and Peoples' Rights and international instruments are guaranteed in each Member State of ECOWAS, any individual or organization the ability to make this guarantee by the courts of common law or by a special court or any national institution established within the framework of an international instrument Rights " which refers to the African Charter on Human and Peoples' Rights, criticized the Senegalese law to be contrary to Community law of ECOWAS and of violating the principle of non-retroactivity of criminal law and the constitutional principle of convergence. 32. The Applicant based on Article 9 of the Protocol on the Court which empowers the Court to assess the failures of states to their obligations under the Treaty and other Community texts, asks the Court to declare that the Senegal had violated the principle of non-retroactivity of criminal law and thus committed a breach of duty online community. 33. However, as the case of a breach of a Community obligation by a Member State, the Applicant, an individual is not entitled to refer the Court to the terms of Article 10 of Additional Protocol on the Court , also on this point must be dismissed the complaint made by Mr. Hissein Habre. c) The violation related to effective remedy 34. The Applicant based on the International Covenant on Civil and Political Rights which enshrines "the effective remedy by the competent national courts against acts violating the fundamental rights that are recognized by the Constitution or by law" Defendant complains that the d have infringed its right to effective remedy to the extent that section 74 of the Constitution of Senegal excludes the exercise of this right by individuals. Mr. Hissein Habre explained that this exclusion was prevented from raising a breach of the principle of non-