the procedure on the constitutionality of Article 236 of the Penal
Code;
iv.
Upholds the Respondent State’s objection based on nonexhaustion of local remedies in respect of the proceedings related
to the adultery case and to the complaint against the officials who
signed the forensic report;
v.
Declares the Application admissible only with regard to the divorce
procedure and inability to challenge the constitutionality of Article
236 of the Penal Code.
On merits
vi.
Holds that the Respondent State did not violate the Applicant’s
right to divorce and termination of marriage, protected by Articles
1(f)(g) and 7 of the Maputo Protocol as read jointly with Article 12
of the UDHR;
vii.
Holds that the Respondent State violated the Applicant’s right to a
fair trial, protected by Article 7(1)(a) of the Charter as read jointly
with Article 14(1) of the ICCPR.
On reparations
On pecuniary reparations
Material prejudice
viii. Dismisses the request for reparation for material prejudice.
Moral prejudice
ix.
Orders the Respondent State to pay the Applicant the sum of
Tunisian Dinars One Thousand (TND 1,000) as reparation for
moral prejudice;
40