004081
115.
The impediments to the exercise of the remedies available to the Applicant
were also illustrated after CRIET Judgment of 18 October 2018. It is apparent from
the documents on file that the cassation appeal by the Applicant was never
engaged , because the Special Prosecutor before CRIET failed to transmit the
Applicant's case file to the Supreme Court.
116.
On the basis of these findings, the Court holds that the prospects of success of
all the proceedings for reparation of the damages resulting from the Judgment of
4 November 2016 are negligible. The Court finds that, even though domestic
remedies were there to be exhausted , the particular context of the present case
rendered the said remedies inaccessible and ineffective for the Applicant who thus
sees himself exempted from the obligation to exhaust the local remedies".
117.
The Court holds in conclusion that the present Application cannot be dismissed
for non-exhaustion of local remedies .
B. Admissibility conditions not in contention between the parties
118.
The conditions regarding the Applicant's identity, the Application's compliance
with the Constitutive Act of the African Union, the nature of evidence, reasonable
time from the date local remedies were exhausted, and the principle that the
Application should not raise any matter or issues previously settled by the parties
in accordance with the principles of the United Nations Charter or the Constitutive
Act of the African Union, or the provisions of the Charter or any other legal
instrument of the African Union as required under paragraphs 1, 2, 4, 6 and 7 of
Rule 40 of the Rules are not in contention between the parties.
119.
The Court also notes that nothing on file shows that any of the said conditions
has not been met in the present case. Accordingly, the Court considers that the
conditions set out above have been fully met.
16
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LaM Issa «onet« v. Burkina-Fasa, Judgment, Merits. op. cit. § 114.