2017 issued by administrative authorities of the Respondent State must be
brought before the Administrative Chamber of the Supreme Court.
33. The Court notes that although the Applicant asserts that he pursued a
remedy before the said Chamber of the Supreme Court seeking annulment
of the Suspension Order and the Dismissal Decree, he does not provide
any evidence to prove the existence of the said procedure or the outcome
thereof, despite the fact that the Court, on 10 July 2023, requested him to
do so. The Court therefore considers that the Applicant did not exhaust local
remedies in respect of the violations resulting from the Suspension Order
and the Dismissal Decree.
34. With regard to the criminal proceedings before the CRIET, the Court recalls
the Applicant’s assertion that the said Court convicted him on 29 June 2020,
which the Respondent State confirms. The Court notes in this respect that
Law No. 2020-07 of 17 February 2020, amending and supplementing the
CRIET Act, established an Appeals Chamber to hear appeals against
judgments handed down by the CRIET Trial Chamber.9
35. The Court notes that in the present case, the Applicant himself concedes
that he did not appeal against the CRIET’s judgment. He avers that he was
unable to pursue this remedy since he was in exile owing to the arrest
warrant that had been issued against him.
36. With regard to this argument, the Court notes that the laws of the
Respondent State do not compel an accused person to be present in court
when filing an appeal against a conviction. The appeal may thus be filed by
the accused or by any other person duly empowered to do so.10 It follows
9
Law No. 2020-07 of 17 February 2020 amending and supplementing the law on the CRIET, Article 6
new: "the Court for the Repression of Economic Offences and Terrorism is composed of: a judgment
chamber, an appeal chamber ...
All judgments handed down by the trial chamber may be appealed in accordance with the conditions,
procedures, forms and deadlines set out in the Code of Criminal Procedure...
Decisions handed down by the Appeals Chamber may be appealed to the Supreme Court by the
convicted person, the Public Prosecutor and the civil parties, in accordance with the conditions,
procedures, forms and deadlines laid down in the Code of Criminal Procedure".
10 Law No. 2012-15 of 30 March 2012 on the code of criminal procedure, article 519: "... the declaration
11