the filing of appeal as an avenue forlquashing decisions of lower courts; —
and
the
Covenant
Defendant
on
invokes
Civil and
the
Political
16
Rights,
December
which
1966
provides
International
guarantees
for
protection.
44, Regarding the right to effective remedy, the Defendant emphasises that
such right is guaranteed in the instant case by the channel laid down for
filing appeals before the Supreme
Court, as provided for in the Law on
licit Wealth.
For all these
oo
‘declare
reasons, the Republic of Senegal
the Application
filed
contends that the Court must
by the Applicants
as
ill founded
and
thereby
dismiss same.
ANALYSIS OF THE COURT
“
N
In proceeding to examine the various claims brought
by either Party, and
in
considering their respective legal arguments, the Court decides as follows:.
REGARDING VIOLATION OF THE APPLICANTS’ POLITICAL RIGHTS
45. The Applicants allege, on thee, ue, that the: Defendant'State violated the isa,
rights to privileges
and immunities from
prosecution,
and as well, it violated
the principles of separation of powers and constitutional convergence.
a
A. In terms of violation of the right to privileges and immunities from
prosecution
46.
The
Applicants
Parliamentarians
insist
om
their
status
of the National Assembly
as
former
of Senegal,
Ministers,
and
on the
and
as
immunity
attached to that status as well as the privilege of exemption from prosecution,
as stipulated
in domestic
legal texts such as the Constitution
of Senegal, the
law creating the Haute Cour de Justice Sénégalaise, and the Rules of Procedure
of the National Assembly. They base their arguments on Articles 61 and 101(2)
of the Constitution
of Senegal,
notably on Article 7, which
deals with
illegal
wealth, the matter upon which they are being heard in the instant case and in
a preliminary inquiry. —
15