while the Applicant was never heard. In her view, this shows inaction and
undue prolongation of the internal judicial process.
***
75. The Court notes that the bone of contention between the Parties regarding
exhaustion of local remedies relates exclusively to the complaint lodged by
the Applicant with the Public Prosecutor against the two officials who signed
the forensic report based on which the courts convicted her for adultery and
sentenced her to seven months in prison.
76. The Court further notes that this complaint was referred to the Ariana Public
Prosecutor on 14 April 2015, who in turn referred it to the Second Central
Division of the National Guard in El Aouina on 20 December 2016, and that
the complaint was referred to the Tunis Public Prosecutor on 26 September
2018.
77. The Court further observes that from the date of the last action relative to
the complaint, that is, 26 September 2018, to the date of filing the instant
Application on 19 October 2019, one year and 13 days elapsed. According
to the Applicant, this period is shorter than it would have taken to obtain a
decision in her case, which decision, should forgery be established, would
have afforded her the right to appeal the adultery conviction, in accordance
with Article 278 of the Tunisian Code of Criminal Procedure.
78. The Court therefore upholds the Respondent State’s objection in relation to
the complaint filed by the Applicant against the officials who signed the
forensic report, and holds that the Application does not meet the
requirement of exhaustion of local remedies regarding the allegation that
the proceedings involved were unduly prolonged.
79. In view of the above, the Court dismisses the Respondent State’s objection
based on non-exhaustion of local remedies relative to the divorce case, and
relative to the constitutionality of Article 236 of the Penal Code. The Court
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