76. The Court finds that the foregoing facts as alleged by the Defendant aré not
contested by the Applicants. The Court therefore concludes that the Applicants
have had the possibility of coming before the competent
rights
in proceedings
for effective
remedy;
and
courts to claim their
on that
ground,
the
Court
concludes that the Applicants’ right to effective remedy was not violated.
FOR THESE REASONS
77. The Court,
Adjudicating
in a public
hearing,
after: hearing
both
Parties,
in a matter. on
human rights violation, and joining the preliminary procedures to the merits of
.
the case, in last resort;
-
Admits
the’ various
requests
brodght
by
the
Applicants
in
their
Application;:
-
Adjudges
that
the
ban
imposed
Prosecutor and the Special
to prevent them
on
the
Applicants
by
the
Public
Prosecutor of the Anti Illegal-Wealth
Court,
ae, going outside the national territory,
because it has no legal basis;
is
i> fule--
|
Adjudges that the Republic of Senegal violated the right to presumption
, of innocence; the declarations of its Special Prosecutor, in violation of |
Article 7 of Law 81-53 of 10 July 1981, were unlawful; the Haute Court de
Justice was invested with the mandate to institute the proceedings;
Adjudges
that
it has
no
jurisdiction
to
examine
the
lawfulness or
-
otherwise of the reactivation of Law 81-53 of 19 July 1981 relating to the .
Combat
of llegal-Wealth,
Wealth Court;
and
of Law
81-54
creating
the
Anti
Illegal-
!'
- _Adjudges that the Court has no jurisdiction to make orders of injunction
to the Republic of Senegal
in respect of its domestic
laws and internal
procedures;
23
~.