OQ4011
135.
It is clear from the pleadings before this Court that, following a statement dated
27 December 2016, the Attorney General of the Cotonou Court of Appeal appealed
the Judgment No. 262/1 FD-16 of 4 November 2016 delivered by the First Instance
Court of Cotonou, but without getting the appeal registered in that Court's Register
of Appeals and without notification thereof to the Respondent, in this case, the
Applicant.
136.
The Court notes that in all judicial proceedings, and even more so in criminal
matters, the launch of a procedure is actualized by notification thereof to the
adverse party. It is by such action of notification that a fact, an act or a procedure
is brought to the knowledge of the person concerned . Notification is of crucial
importance in the procedure especially as it "alerts" the addressee who therefrom
sees himself concerned by the procedure and offers him the opportunity to
participate therein". In view of international jurisprudence, the Court considers that
it is "the official notification, issued by the competent authority levelling an accusation of
committal of a criminal offence" which constitutes the accusation and triggers the
criminal action".
137.
In the instant case , notification of the appeal against the Judgment of 4
November 2016 was essential and was supposed to be the starting point for the
Appellant's bid to have the case reopened. Notification is not just an act of
information; it produces legal effects. The absence of notification of the appeal to
the Applicant renders the Attorney General's appeal ineffective, and the Court has
already established that an effective remedy is one that produces the desired
effecfo.
138.
The Court notes, moreover, that since 26 December 2016 up to the referral to
CRIET in September 2018, the Attorney General's appeal was never invoked
before the Cotonou Court of Appeal and no procedural act was accomplished
thereon. The Attorney General did not attempt to forward the appeal for inclusion
in the register of appeals at the Registry of the First Instance Court of Cotonou;
Georg Brozicek v. Italy, Judgment of 19/121989, op.cit. §§ 57 and 58
Idem § 38
20 Aktivar and Others v. Turkey Judgment, op cit. § 73
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