125. In view of the foregoing, the Court holds that an amendment of certain provisions
which only partially constitute the legal framework of the electoral body, does not
render the Application without merit.
126. Considering the position of the Applicants whereby they hold that amendment of
the legal framework governing the electoral body as amended by the Order N°
2020-306
of 4 March 2020 does not modify their claims, and considering the
position of the Respondent
State that the amendment
of the law raised the
standards of the electoral body even further, the Court finds that it may examine
this case, taking into consideration the legal framework governing the electoral
body currently in force. Accordingly, it dismisses the prayer of the Respondent
State to find the Application without merit
B. Alleged
violation
of the
obligation
to
establish
an
independent
and
impartial electoral body
127. The Applicants aver that the Respondent State has violated its obligation to
establish an independent and impartial electoral body provided for under Article
17 of the ACDEG and Article 3 of the Democracy Protocol.
128. The Applicants contend that the electoral body of the Respondent State does not
meet the criteria set out in the respective international human rights instruments
or the criteria established in the jurisprudence of the Court on the establishment
of an independent and impartial electoral body.
129. The
Applicants
contend
that the
Respondent
State
failed
to constitute
the
electoral body in a way that its composition offers sufficient guarantees of the
independence and impartiality of its members so as to reassure the public of its
ability to organise transparent, free and fair elections (i). They also claim that the
electoral body
lacks institutional independence
as revealed
by its insufficient
administrative and financial autonomy (ii). Lastly, the Applicants contend that the
electoral body lacks the necessary credibility of its independence and impartiality
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