97. That he first appealed to the investigating judge who rejected his application for provisional release. 98. He submitted an application for release to the Control Chamber for counterterrorism matters of the Niamey Court of Appeal on 5 November 2019 (Exhibit No. 2). 99. This application remained unanswered. 100. He wrote to the Minister of Justice by correspondence from his lawyer on 23 December 2019 and the latter never replied, despite the Applicant seeking only to be tried. (Exhibit 3) 101. On its turn, the Defendant claimed that: 102. The Applicant fails to point out the facts characterising the violation of the provisions of the Articles relied upon. 103. That the Applicant's pre-trial detention cannot in itself constitute a violation of his rights and freedoms, as it was carried out in accordance with and based on provisions of national law. 104. That in fact, under article 131 of the Niger Code of Criminal Procedure, pre-trial detention is an exceptional measure and can only be ordered or maintained under the terms and conditions defined therein. 105. The Applicant's pre-trial detention cannot be considered an illegal violation of his liberty because it was carried out in accordance with legal requirements. 106. That the Applicant is charged with complicity in terrorism, murder and criminal association and that his pre-trial detention and continued detention are therefore amply justified by law. 107. That the Applicant is charged with complicity in terrorism, murder and criminal association. 108. That there was no unlawful violation of his liberty and therefore no violation of his human rights.  20