effective,6 in the sense that they are capable of remedying the situation at
issue7 and sufficient to remedy the Applicant’s situation.
37. With regard to the existence of remedies, the Court notes that under Section
62 of the Code of Criminal Procedure of the Respondent State provides that:
“Any person who claims to be injured by a crime or misdemeanour may, by
lodging a complaint, bring a civil action before the competent investigating
judge”.
38. The Court notes that this text provides for the civil party action, a remedy
available to any persons who consider themselves as victim of a crime or
misdemeanour. The Court notes that, in the present case, there is no legal
or factual impediment to the exercise of this remedy by the Applicant. The
Court therefore considers that the remedy is available.
39. With regard to the effective and satisfactory nature of the remedies, the
Court notes that Section 89 et seq. of the Code of Criminal Procedure spell
out the procedure to be followed in a civil party action. More importantly, the
judge shall “in accordance with the law, carry out all acts of information that
he deems useful for the manifestation of the truth”.
40. Furthermore, Section 112 of the said law stipulates that: “Counsel for the
accused and the civil party, during the investigation and after having
communicated the procedure to the registry, may make written submissions
at the hearing of new witnesses, set up witness confrontations, expert
examinations and undertake any investigative acts they deem useful for the
defense of the accused and the interests of the civil part. The judge must
give reasons for the order refusing to carry out the additional investigative
measures requested of him. The accused and the civil party may, by
themselves or through counsel, appeal against this order ...”.
6
Sébastien Germain Ajavon v. Republic of Benin (4 December 2020) (merits and reparations) 4
AfCLR 133, § 86.
7 Mamadou Diakité and Another v. Republic of Mali (jurisdiction and admissibility) (28 September
2017) 2 AfCLR 118, § 42.
10