vi. Two Hundred Thousand (200,000) euros as reparation for moral
prejudice resulting from the family and social scandal that continues to
haunt her to this day;
vii. One Hundred Thousand (100,000) euros as reparation for moral
prejudice resulting from being forced to leave her country and reside in
France to avoid the disastrous consequences of the violations of which
she was a victim.
120. The Applicant also prays the Court to order the Respondent State to
implement the provisions of Article 277 of the Code of Criminal Procedure,
to review the appeal decision of 19 January 2015 rendered by the Nabeul
Court of Appeal, and to compel the said court to rule anew upholding her
appeal on form and substance, thereby quashing the first-instance judgment
No. 8210 of 9 December 2014 rendered by the Grombalia Court, on grounds
of flawed proceedings and, as a precautionary measure, to close the case
due to the absence of evidence that the Applicant committed a crime
Applicant.
121. Finally, as a guarantee of non-repetition, she prays the Court to order the
Respondent State to take the following legislative, administrative and
judicial measures:
i.
Help expedite and facilitate the establishment of the Constitutional Court
and to make it operational in accordance with the requirements of the
Respondent State’s law;
ii.
Clarify that divorce is the right to terminate a matrimonial union and that
neither spouse may be prevented from terminating the matrimonial union
or be forced to remain bound [by marriage ties] for reasons that are not
a matter of public law.
iii. Establish the elements of the crime of adultery, even if in general terms,
in order to comply with the principle of legality of crimes;
iv. Raise awareness among investigating magistrates, judges and law
enforcement officers of the capital importance of the right to liberty and
respect for the principles of a fair trial;
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