i.
Specific criteria for the postponement of elections
98. The Court notes that the reference to domestic law to outline the criteria for
postponing elections in declared emergencies is subject to certain conditions.
The Court is of the view that the regime of restrictions provided for in Article 27(2)
of the Charter is applicable mutatis mutandis to the suspension of rights. That is,
the postponement must be made in application of a general law, must aim at the
legitimate purpose, be proportionate to the intended purpose and must not
undermine the essential content of rights, as demonstrated above.
99. In addition, the Court recalls that as stated above (see paragraph 92), the
postponement of elections entails the suspension of the right of citizens to
participate regularly in the governance of their countries through elections. In this
regard, Article 4(1) of ICCPR provides that:
In time of public emergency which threatens the life of the nation and the
existence of which is officially proclaimed, the State Parties to the present
Covenant may take measures derogating from their obligations under the
present Covenant to the extent strictly required by the exigencies of the
situation, provided that such measures are not inconsistent with their other
obligations under international law and do not involve discrimination solely
on the ground of race, colour, sex, language, religion or social origin.
100. Accordingly, a State concerned who invokes the situation of emergency to
postponed elections, must declare it through a general law.39
101. The Court considers that, in the instant Request, the postponement is legitimate
if it aims at protecting the health and life of the people, as well as allowing the
creation of conditions for the holding of transparent, free and fair elections.
39
General Comment No. 29 State of Emergency (Article 4 of the ICCPR), § 2, adopted by the UN Committee of
Human Rights on 24 July 2001 during its 1950the session.
29