unfounded under the aforementioned article nor inadmissible on any other
grounds.
94.
The instant case must therefore be declared admissible.
IX. MERITS
95.
The Court now proceeds to examine each of the human rights
allegedly violated by the Defendant State, taking into consideration the
questions the Applicant puts to the Court's decision.
a) The alleged violation of Articles 2 and 6 of the African Charter on
Human and Peoples’ Rights (ACHPR) by the violation of the
Applicant's personal freedom:
96.
In the instant case, the Applicant alleged that in 2013, armed men
attacked the military barracks in Agadez (Niger Republic). The defence and
security forces discovered that the attackers spent the night before the attack
in the Applicant’s house, so he was notified that he was being prosecuted by
the Public Prosecutor's Office before the Niamey High Court for complicity
in murder and assassination and association with criminals linked to a
terrorist group. That he was charged for these same crimes and arrested on
June 13, 2013, by the investigating judge of the Anti-Terrorism chamber of
the Niamey Special High Court. That after seven years of detention, the
Applicant has not only not been tried, but remains in the pre-trial detention,
in violation of Article 605(8) of the Niger Code of Criminal Procedure (Law
No. 2016 21 of June 16, 2016), because his case is pending before the
Counter-terrorism Control Chamber, which is only a court of second instance
in pre-trial matters in Niger. To this date, no judgment referring the case back
to the Chamber for trial has been delivered, in violation of the procedural
rules laid down by Niger's domestic positive law, but also by international
law.
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