-24submits that the Applicant has failed to show in practical terms how an appeal at
the Cour de Cassation is not accessible, effective or sufficient to redress the
alleged violations.
87.
At the Public Hearing of 20 March 2014 and in its oral submissions, the
Respondent State maintains the same position, casting doubt on the good faith of the
Applicant in this case. It argues that the Applicant has been given a fair trial in open
court, assisted by counsel and has acknowledged the facts and even sought
forgiveness from the tribunal and then asked for presidential pardon, thus
demonstrating his acceptance of the judgments of the local courts.
88.
The Applicant states in his Application that although an appeal is possible in
formal terms, it is not effective as a remedy under the terms of Article 56 (5) of the
Charter. He submits that for local remedies to be exhausted, they have to be
"available, effective and sufficient". However, in the present case, the period of five
clear days provided by the laws of the Respondent State for filing an appeal is
unreasonably short, particularly as he does not have a complete text of the judgment
on which to rely in lodging his appeal. He argues that the unreasonably short period
renders the process ineffective.
89.
Relying also on the jurisprudence of the Commission in regard to the
criteria of availability, effectiveness and sufficiency of remedies, the Applicant
argues that if local remedies do not meet the criteria, he is not obliged to exhaust
them before taking the matter to an international court.
90.
At the Public Hearing of 20 March 2014, the Applicant reiterates his position on
the effectiveness of an appeal at the Cour de Cassation; which according to him, could
not hear the merits of the case and therefore could not have satisfied his prayer and
approve payment for reparation.
24/W