violation confers the quality of victim on a Plaintiff/Applicant,
whenever the specific circumstances of the case enable the court to
establish the existence of convincing and reasonable indices for the
realisation of the violation, which the Court has mandate to prevent.
(§52)
(…)It follows that Plaintiff/Applicant does not act to have a violation
that it was a victim stopped; nevertheless, it can take advantage of the
provisions of Article 10(d) of the Protocol on the Court, as amended,
which open access to the Court to every individual who is a victim of
human rights violation, owing to the fact that the alleged human rights
violation is imminent and inevitable”.
50.
The Court notes that in all the three cases recalled above, i.e. Hissein Habré
v. Republic of Senegal, CDP v. Burkina Faso and Union Sociale Libérale v.
Senegal, the common denominator is that the cases are grounded on the
existence of risk of potential or imminent violation based on functional laws
already in force, whose application would produce the effects of the alleged
violations and that, there were likelihood that they would inevitably be
applied.
51.
The Court noted in Hissein Habre (supra) that “all steps for exceptional
preparations, as enumerated by Mr. Hissein Habré show clearly that there
are reasonable and convincing indices of the probability of the realisation of
actions by the Defendant State against Mr. Hissein Habré, in order to try him,
on the basis of the amended texts (…)”
52.
In CDP case (supra), it was noted by the Court that “in the instant case, the
alleged violation has no yet been committed, but could very soon be. Going
by the indications provided to the Court, the electoral process is to open
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