108. However, it is for the Court to assess whether the requirement to obtain prior
approval from one’s hierarchical superiors to pursue further studies in the
quest for promotion constitutes an unreasonable restriction within the
meaning of Article 25(c) of the ICCPR.
109. The Court notes that Article 125 of the Law of 12 July 2010 provides that a
police officer who obtains an in-service training qualification after obtaining
a higher education qualification should be upgraded to a higher category
after training at the police academy.
110. The Court notes that the mechanism provided for under Article 125 of the
Law of 12 July 2010 does not preclude the administration from ensuring that
police officers have the required skills to perform the tasks assigned to them
upon completion of their training.
111. The Court considers that, in view of the competence criterion, which is a
general requirement to be met in both public and private service, the
hierarchical authority can reasonably be expected to give their opinion.
Moreover, this opinion is not subjective, as it is based on an objective
assessment, as well as on the officer’s evaluation and the grades scored.
The assessment report of the concerned officers is also forwarded by their
hierarchical authority to the Minister of Security to verify compliance with the
relevant provisions.33 In addition, an officer who is dissatisfied with the
assessment may appeal against it.34
112. In view of the above, the Court considers that the requirement of obtaining
prior approval in order to enrol in the National Police Academy as Cadet
Superintendents and Inspectors of Police for purposes of promotion to a
higher rank, does not constitute an unreasonable restriction.
The Law of 12 July 2010, Article 109: “the ratings are, prior to notification to the national police officers
concerned, submitted for weighting to the Minister in Charge of Security. The weighting consists of
verifying compliance with the provisions of Article 108 above”.
34 Ibid, article 34: “When a national police officer considers that his rights have been violated, he shall
have access to administrative and legal remedies.”
33
25