June 2022 in the case of Safinaz Ben Ali and on 5 July 2022 in the case of Lamia Jendoubi, so that they should have been automatically released on 13 and 25 August 2023, respectively. 43. They aver that, before filing the instant Application, they filed several applications for bail with the Indictments Division but were not even issued a receipt. 44. In the Applicants’ view, the failure of the Respondent State’s judicial authorities to respond to the bail applications, which suggests that those authorities are under no obligation to respond, constitutes an implicit dismissal of the bail application, within the meaning of Articles 80 to 87 of the CCP. They further contend that accused persons may be kept in detention after the close of the investigation, pending trial, in accordance with articles 107, 109 and 110 of the CCP. However, they emphasise that the lack of response to their applications for bail must be seen as a denial of justice that jeopardises guaranteed fundamental freedoms. 45. The Applicants further contend that their pre-trial detention was extended indefinitely in violation of the provisions of Article 29 of the 2014 Constitution and Article 35 of the 25 July 2022 Constitution7 and that, contrary to the Respondent State’s allegations, the determination of the length of pre-trial detention is not a matter for the investigating judge. 46. The Applicants further point out that Article 533 of the Code of Obligations and Contracts provides: “Where the law is crafted in general terms, it must be understood in the same sense”. Thus, the fourteen- (14) month time limit set out in Article 85 of the CPP applies to all judicial authorities without exception. Article 541 of the Code of Obligations and Contracts underlines Article 35 of the Constitution of 2022: “No one may be arrested or detained except in cases of flagrante delicto or by virtue of a court order. They shall be immediately informed of their rights and of the charge against them. They shall have the right to be represented by a lawyer. The duration of arrest and detention must be by law determined”. 7 12

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