001t05
those companies, the Respondent state had violated the Applicant's right to property
enshrined in Article 14 of the Charter
121.
Accordingly, the Court holds that the Respondent State must reopen the said
media outfits and lift the suspension of socorRAc sARL container terminal.
iv. Guarantee of non-repetition
122. The Applicant prays the Court to order the Respondent State to stay the application
of
certain domestic laws considered unconstitutional and inconsistent with
international human rights instruments ratified by the Respondent state.
123. The Respondent State submits that the laws invoked by the Applicant were adopted
by a sovereign State in accordance with its laws and thus, no authority can order a
stay of their application or their nullity.
124. The Court recalls that in its Judgment of 29 March 201 9, it found that the provisions
of Sections 12 and 19(2) of Law No. 2018-13 o12 July 2018 establishing CRTET are
not consistent with international human rights instruments ratified by
the
Respondent State, notably Article 3(2) of the Charter and Article 14(5) of the lCCpR.
125. The Court noted in particular that the Respondent State violated the Applicant's right
to equal protection of the law guaranteed under Article 3 of the Charter for the
reason that Section 12 of the Law of 2 July 2018 establishing CRIET does not
establish equality between the parties.
126. With regard to the non-compliance of Section 19(2) with the provisions of lCCpR,
the Court recalls that it held that the Respondent State violated the Applicant's right
to appeal guaranteed by Article 14(5) of the ICCPR forthe reason that Section 19(2)
32