suy bi gohore emile and others c republique de cote divoire requete n 0442019 2020 afchpr 2 15 juillet 2020

suy bi gohore emile and others c republique de cote divoire requete n 0442019 2020 afchpr 2 15 juillet 2020

The Court found that while the central electoral commission's composition was no longer manifestly imbalanced, the process for appointing local commission presidents remained skewed in favor of the ruling party due to legacy appointments, and there was no mechanism ensuring that nomination processes for opposition...

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Citation
suy bi gohore emile and others c republique de cote divoire requete n 0442019 2020 afchpr 2 15 juillet 2020
Parties
Applicant: Suy Bi Gohoré Emile, Kakou Guikahué Maurice, Kouassi Kouamé Patrice, Kouadjo François, Yao N'guessan Justin Innocent, Gnonkote Gnessoa Désiré, Djedje Mady Alphonse, Soro Kigbafori Guillaume, Trazere Olibe Célestine; Respondent: République de Côte d'Ivoire
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Contentious Application / Final Judgment
Outcome
partially upheld
Legal Topics
Independence of Electoral Bodies, Right to Participate in Public Affairs, Equal Protection of the Law, Execution of International Judgments, Democratic Governance
Source Language
en
Human Rights Law Constitutional Law Electoral Law Independence of Electoral Bodies Right to Participate in Public Affairs Equal Protection of the Law Execution of International Judgments Democratic Governance

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Parties

Suy Bi Gohoré Emile, Kakou Guikahué Maurice, Kouassi Kouamé Patrice, Kouadjo François, Yao N'guessan Justin Innocent, Gnonkote Gnessoa Désiré, Djedje Mady Alphonse, Soro Kigbafori Guillaume, Trazere Olibe Célestine

Applicant

République de Côte d'Ivoire

Respondent

Procedural Posture

Contentious Application / Final Judgment

  1. 1 Whether the composition and functioning of Côte d'Ivoire's electoral commission violates obligations to create an independent and impartial electoral body under international law
  2. 2 Whether the right of citizens to participate freely in public affairs and to equal protection of the law was violated
  3. 3 Whether the respondent State failed to execute a prior judgment of the Court

Ratio Decidendi

The Court found that while the central electoral commission's composition was no longer manifestly imbalanced, the process for appointing local commission presidents remained skewed in favor of the ruling party due to legacy appointments, and there was no mechanism ensuring that nomination processes for opposition and civil society members were controlled by those entities. These deficiencies violated the obligations to ensure an independent and impartial electoral body and to guarantee public confidence and transparency in public affairs. However, the Court found no violation regarding participation rights, equal protection, or execution of prior judgments, as the legal framework and...

Court Disposition

partially upheld

Orders

  • The State must organize new elections for local electoral commission bureaus based on the new composition before any election.
  • The State must ensure that the process for nominating electoral commission members by political parties and civil society is controlled by those entities, with clear criteria and procedures, before any election.