54. The Court notes that on 16 June 2023, the investigating judge, in accordance with Article 107 of the CCP,13 issued an order referring the defendants to the indictment division, including the Applicants. The Court further notes that, under this provision, when the investigating judge refers defendants charged with a crime to the indictment division, which is the case here, the committal order issued against the defendants remains in effect. 55. The Court emphasises that owing to the devolutive effect of the appeal, the entire case, including the committal order, was before the Indictment Division. On 20 July 2023, the Indictments Division ordered that the Applicants be referred to the Criminal Division of the Sousse Court of Appeal, pursuant to Articles 116 and 119 of the Respondent State’s CCP (Decision No. 46375). This decision was appealed before the Cassation Court by the Public Prosecutor and several defendants, including the Applicants in accordance with the provisions of Article 120 of the CCP. In the present case, it is not in dispute that the Applicants’ appeal concerns their committal for trial, including their committal order. 56. The Court notes that this cassation remedy was brought before the Criminal Division of the Cassation Court. As part of these proceedings, the Public Prosecutor of the Cassation Court14 referred the case to the First President of the said court for purposes of setting a hearing date. 57. The Court notes that at the time of filing the present Application, that is, on 25 September 2023, the cassation appeal against the decision of 20 July 2023 was pending. Article 107(1) of the Respondent State’s Code of Criminal Procedure states: “If the investigating judge considers that the facts constitute a crime, he shall order the accused to be referred to the indictment division with a detailed statement of the proceedings and a list of the documents seized. The committal order issued against the accused shall continue to have effect, as shall the order prescribing the measure, until such time as the indictment division has ruled, unless the examining magistrate decides otherwise”. 14 The dates do not appear in the reply from the Respondent State, which gave this information in its reply to the main Application. The Applicant does not deny the veracity of this information. See also article 120 of the CCP: “The decisions of the Indictment Division are communicated or notified in accordance with the provisions of article 109. They may be appealed to the Supreme Court under the conditions set out in articles 258 et seq. of this Code.” 13 15