its judicial authorities in order to afford State authorities the opportunity to
redress the consequences of the impugned decision or act.
65. It asserts that there are satisfactory local judicial remedies that the Applicant
could have pursued before bringing the case before the Court. In that
regard, it alleges that its legislation is unique insofar as it confers jurisdiction
on the Constitutional Court in matters of human rights violations, as
provided for in Article 11414 of the Constitution. It submits that the Applicant
could have brought the violations he alleges before the said court. The
Respondent State also references the procedures set out in Articles 415 and
516 of Law No. 2012-15 establishing the Code of Criminal Procedure.
66. The Respondent State contends that the Applicant did not pursue any of the
available local remedies and that, therefore, he filed his application with the
Court prematurely. It prays the Court to declare the Application
inadmissible.
*
67. The Applicant counters that he is not related to the victims of the 1 and 2
May 2019 protests and, therefore, cannot bring an action before the civil
court seeking reparations.
68. He further asserts that the Amnesty Law was declared constitutional by the
Constitutional Court in its Decision DCC 2019-503 of 6 November 2019. He
states that he has no other remedy in the domestic legal system against the
Amnesty Law and that, at any rate, the Constitutional Court cannot reverse
its own ruling.
14 Article 114 of the Constitution provides that: “The Constitutional Court shall be the highest court of the
State in constitutional matters. It shall be the judge of the constitutionality of laws and it shall guarantee
the fundamental human rights and the public liberties. It shall regulate the functioning of institutions and
the activity of public authorities.”
15 Article 4 of the Code of Criminal Procedure provides that: “A civil action may be brought at the same
time as a public action and before the same court”.
16 Article 5 of the Code of Criminal Procedure provides that: “A civil action may also be brought
separately from a public action.”
17