June 2022 in the case of Safinaz Ben Ali and on 5 July 2022 in the case of
Lamia Jendoubi, so that they should have been automatically released on
13 and 25 August 2023, respectively.
43. They aver that, before filing the instant Application, they filed several
applications for bail with the Indictments Division but were not even issued
a receipt.
44. In the Applicants’ view, the failure of the Respondent State’s judicial
authorities to respond to the bail applications, which suggests that those
authorities are under no obligation to respond, constitutes an implicit
dismissal of the bail application, within the meaning of Articles 80 to 87 of
the CCP. They further contend that accused persons may be kept in
detention after the close of the investigation, pending trial, in accordance
with articles 107, 109 and 110 of the CCP. However, they emphasise that
the lack of response to their applications for bail must be seen as a denial
of justice that jeopardises guaranteed fundamental freedoms.
45. The Applicants further contend that their pre-trial detention was extended
indefinitely in violation of the provisions of Article 29 of the 2014 Constitution
and Article 35 of the 25 July 2022 Constitution7 and that, contrary to the
Respondent State’s allegations, the determination of the length of pre-trial
detention is not a matter for the investigating judge.
46. The Applicants further point out that Article 533 of the Code of Obligations
and Contracts provides: “Where the law is crafted in general terms, it must
be understood in the same sense”. Thus, the fourteen- (14) month time limit
set out in Article 85 of the CPP applies to all judicial authorities without
exception. Article 541 of the Code of Obligations and Contracts underlines
Article 35 of the Constitution of 2022: “No one may be arrested or detained except in cases of flagrante
delicto or by virtue of a court order. They shall be immediately informed of their rights and of the charge
against them. They shall have the right to be represented by a lawyer. The duration of arrest and
detention must be by law determined”.
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