EQUALLY,
REGARDING
VIOLATION
OF
THE
PRINCIPLE
OF
THE
TWO-TIER ~ ~
SYSTEM OF COURTS
72. On this point, the Court recalls its consistently held case law thatit has
mandate
to
examine
the
national
laws
of
Member
States
or
no
to
review
is guaranteed
by the
decisions made by the domestic courts of Member States.
REGARDING VIOLATION OF THE RIGHT TO EFFECTIVE REMEDY
73. The Court
holds that the right to effective remedy
international mechanisms of human
‘it impossible
human
to obtain
rights
‘international
effective
violation,
where
instruments
to
breach
of those
instant
case,
instruments
the
Republic
remedy is guaranteed
rights protection. Hindrances which make
remedy
those
ensure
and
before
judicial
human
such
a national judicial body,
‘bodies
‘rights
breaches
of Senegal
are
mandated
protection,
are triable
maintains that
the
by
the
constitute
in court.
right
for
a
In the
to effective
by its laws, and as an illustration, it states that a case
may be quashed before the Supreme Court, as provided for in its law regarding
illicit wealth.
~~
—“Ja-FHE- Republic of Senegal ner
contends that on two occasions,
~ th epi .
_ Applicants have had the opportunity to bring complaints before the Supreme
Court and that those complaints are the issues which have been referred today
before
the
Applicants
Honourable
took
determination,
their
Court.
case
The
Republic
before ‘the
of
Senegal
Supreme
stated
Court
for
that
the
preliminary
but without success; they sought to annul the instructions of
the State Attorney at the Court of Appeal of Dakar and of the Public Prosecutor
at the
Tribunal Régional Hors
Classe,
in connection
with
implementation
Law No. 81-54 of 19 July 1981 on illicit wealth, when they were summoned
of
for
hearing through the intermediary of the gendarmerie; that the application filed
for a stay of execution of the said Law was ‘dismissed by the Supreme Court.
75. The Court indeed
holds, on this issue, that the Supreme
Court of Senegal
was also seised with an application seeking annulment of Decree No. 2012-679
on Appointment of Members
2012,
as brought
by Mr.
of the Anti Illegal-Wealth Court dated 9 October
Cheikh
Tidiane
Sy, former
Garde des Sceaux (Keeper of the Seals), and others.
Minister
of Justice
and
.
29