43. The Applicant on his part submits that the objection should be dismissed,
pointing out that he does not know the outcome of his complaint. He further
contends that the Respondent State’s submission on the civil remedy lacks
merit insofar as he already initiated criminal action, in particular complaints
lodged with the Public Prosecutor of the Ariana Court of First Instance and
with the Public Prosecutor of the Tunis Court of Appeal and the Public
Prosecutor of the Tunis Cassation Court. It is the case, he submits, that
under article 7 of the Code of Criminal Procedure (CCP), civil action is
stayed when criminal proceedings are pending before court.
44. Furthermore, the Applicant asserts that this Court has already heard a
similar case in Application No. 009/2016, between Epoux Diakité and the
Republic of Mali.6 He states that in the said case, the Court held that the
CCP of the Republic of Mali permitted the Applicants to lodge a civil party
complaint with the investigating judge, but the parties concerned did not do
so. He notes that the Court therefore found that they did not exhaust local
remedies and, consequently, upheld the Respondent State’s objection to
admissibility.
45. Finally, the Applicant submits that the difference between his case and the
case of Epoux Diakité v. Mali is that he can bring a civil action before the
investigative judge only if the Public Prosecutor does not take the
necessary action.7
***
46. The Court notes that, in accordance with Article 56(5) of the Charter and
Rule 50(2)(e) of the Rules, applications must be filed before it after
exhausting local remedies, if any, unless it is clear that the proceedings
relating to those remedies are unduly prolonged. The requirement of
exhaustion of local remedies seeks to afford the Respondent State the
6
Epoux Diakité v. Republic of Mali (jurisdiction and admissibility) (28 September 2017) 2 AfCLR 118.
Article 36: "The closure of the case by the public prosecutor does not prevent the injured party from
initiating public proceedings on his own responsibility. In this case, the injured party may either request
that an investigation be opened or summon the accused directly to appear before the court by filing a
civil action.
7
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