Public Prosecutor at the Ariana Court of First Instance handled a complaint
he lodged against a civil servant for fraud.
2.
The Application is filed against the Republic of Tunisia (hereinafter referred
to as “the Respondent State”), which became a party to the African Charter
on Human and Peoples’ Rights (hereinafter referred to as “the Charter”) on
21 October 1986, and to the Protocol on 5 October 2007. The Respondent
State, on 2 June 2017, deposited with the Chairperson of the African Union
Commission the Declaration provided for in Article 34(6) of the Protocol
(hereinafter “the Declaration”), by virtue of which it accepts the jurisdiction
of the Court to receive applications from individuals and Non-Governmental
Organisations having observer status before the African Commission on
Human and Peoples’ Rights.
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the Application that on 14 July 2017, the Applicant lodged
a complaint with the Prosecutor of the District Court of Ariana (hereinafter
the Prosecutor’s Office) against a public official named Al-Fadhel bin AlAmin Al-Obeidi. In the said complaint, the Applicant accused the official of
fraud and dishonesty, alleging that he made him believe that he could get
him recruited as a secondary school teacher in exchange for an amount of
Two Thousand (2,000) Tunisian dinars. The Applicant was interviewed by
the Ariana Governorate police who provided him the record of the hearing
on 18 October 2017.
4.
On 9 March 2018, the Applicant submitted a request to the Tunis Court of
Appeal Public Prosecutor seeking an update on any action taken by the
Public Prosecutor’s Office in respect of his complaint. The Applicant avers
that he did not receive any feedback to his request. He further avers that
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