20.
He is now in his seventh year of detention without trial, in violation of
the rules of procedure that should have been followed at the specialised
counter-terrorism chamber) which states that: “the total duration of pre-trial
detention cannot exceed four years in criminal matters and two years in noncontractual matters.”
21.
At the current stage of the proceedings, after seven years of detention,
the Applicant has not only not been tried, but remains in the pre-trial
detention 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.
22.
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.
b. Pleas in law
23.
In support of his claim, the Applicant relied on: article 605 (8) of the
Niger Code of Criminal Procedure (Act No. 2016 21 of 16 June 2016) in
force in Niger; Article 20 of the Constitution of the Republic of Niger;
Articles 2, 3, 6, 7 and 11 of the African Charter on Human and Peoples'
Rights; Articles 2, 3, 9 (3) and 14 of the International Covenant on Civil and
Political Rights; Article 11 of the Universal Declaration of Human Rights
and Article 6 (1) of the European Convention on Human Rights.
24.
The Applicant further relied on international jurisprudence.
c. Reliefs sought
25.
The Applicant seeks from the Court:
26.
As to the form:
i. To declare itself competent;
6