104. It also emerges from a combined reading of Article 7(1) of the Charter and
Article 14(1) of the ICCPR that the public administration of justice is partly
safeguarded by the obligation to pronounce all verdicts in public and that
failure to comply with this obligation constitutes a violation of international
human rights law. This obligation includes cases tried in camera.17
105. In any event, Article 121 of the Code of Civil and Commercial Procedure
states “[the judgment] is delivered in a public sitting attended by all the
judges who have signed it.” These provisions are to the effect that the
Respondent State has incorporated into its domestic law, the right alleged
to have been violated by the Applicant in the present case.
106. The Court also notes from the record, that, in Judgment No. 20283 of 15
October 2008 rendered by the Court of First Instance in Ben Arous, it is
stated on the cover page that it was delivered in a public plenary session.
Judgment No. 22538 of 3 November 2010 rendered by the First Chamber
of Ben Arous Court indicated on the fifth page that “publicly deliver the
following judgment…”. In Judgment No. 82390 of 8 April 2016 rendered by
the Court of Appeal in Tunis, it is indicated on its front page, “in its public
session held on Friday 8 April 2016…”. On the other hand, Judgment No.
31528 of 12 March 2013 rendered by the Court of Appeal of Tunis rendered
and Judgment No.45501/46360 of 4 December 2017 of the Cassation Court
did not indicate that they were delivered in a public hearing or were in open
court.
107. The Court observes that the last two judgments mentioned above do not
contain evidence that they were delivered in open court, which is a violation
of the aforementioned provisions of the Charter as read jointly with those of
the ICCPR.
108. Consequently, the Court finds that the Respondent State violated the
Applicant’s right to a fair trial, guaranteed by Article 7(1) of the Charter read
17 Human Rights Committee, 23 August 2007, General Comment 32, p 10, § 29.
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