50. The Court notes that, with regard to the second question concerning the
alleged lack of local remedies available to the Applicant in the present case
to lodge his complaint and thus recover his debt, the Court refers to Article
36 of the Respondent State’s CPC:
Closure of a case by the Public Prosecutor does not prevent the injured party
from initiating public proceedings on his own responsibility. In this case, the
injured party can either request that an investigation be opened or summon
the accused to appear in court.
Article 206 of the same CCP reads:
A case is referred to the Court of First Instance:
-
by direct summons from the Public Prosecutor's Office when the latter
considers that there is no need for a preparatory investigation, from
the administrations and financial authorities in cases where the law
authorises them to bring a public action directly, or from the injured
party when the Public Prosecutor's Office refuses to prosecute ex
officio.
In this case, the prosecution shall summon the other parties. [...]
51. The Court notes that Article 36 of the CCP provides the Applicant an
avenue to access justice as an injured party, either by requesting that the
case be referred for investigation or by bringing the case directly before the
court. The provision also entitles the Applicant to bring the case directly
before the court of first instance if the Public Prosecutor fails to do so, and
to summon the other party before the court. This Court considers that the
Applicant could have made use of this remedy.
52. The Court considers that as the Applicant neither completed the criminal
proceedings nor initiated civil proceedings before the national courts, this
Application was filed prematurely.
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