140. The Court now proceeds to analyze the grounds relied on by the
Applicants in support of their application for Revision.
a. Lack of communication of Title Deed No. 18
141. The Applicants claim:
142. The Court rendered its Judgment in this proceeding based on the
existence of Title Deed No. 18 to dismiss the Applicants' property right
claims.
143. In the Judgment rendered, the Court stated that the Applicants' property
right is challenged by a "Title Deed presented by the State."
144. According to the investigator hired by the Applicants, this Title Deed is
not included in the proceedings; that the Court based its Judgment on
something, neither it nor the Applicants have ever seen.
145. And if, on the other hand, the Republic of Niger presented this title deed
No. 18 to the Court, this document was never communicated to the
Applicants, who, consequently, did not have the opportunity to refute it.
146. That the adversarial principle was not respected.
147. If the Respondent has not gathered it, the Court should not have based
its Judgment on such Title Deed No. 18 without ordering the Respondent to
disclose it to the Court and the Applicants, to give them the opportunity to
refute it.
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