-26i). Availability of remedy at the Cour de Cassation
96.
The Court shares the view of the Commission that a remedy is available if it
can be pursued by the Applicant without any impediment. 8
97.
In the instant case, the Respondent State argues that the Applicant cannot rely
on the fact that the five day period was short as a reason for refraining from appealing
to the Cour de Cassation whereas this could have been done by way of a simple
declaration and that consequently, the argument on the unavailability of court
judgments and the brevity of the time limit for appealing to the Cour de Cassation
would not be sufficient reason for failing to exhaust that local remedy. He points out
that the only obligation which the Applicant has is to deposit or request to be deposited
within a period of two (2) months following his declaration of appeal, a submission to
the Registry of the jurisdiction where the appeal was filed.
98.
The Applicant submits that he has not appealed to the Cour de Cassation
because the five-day deadline for such appeals under the Burkinabe judicial system
is unreasonably short, especially as he did not have the complete text of the
judgment on which he could have relied in his appeal.
He contends that the
unreasonably short time limit rendered the process ineffective. He further contends
that a remedy not mentioned in the reasons or grounds of appeal may not be raised
subsequently, hence the importance of having the judgement.
99.
In the view of the Court, the issue of the brevity of the five-day time limit for
appeals, and of the unavailability of the impugned court judgments are related.
100.
The Court notes that Article 575 (1) of the Criminal Procedure Code of Burkina
Faso provides that "to appeal to the Cour de Cassation ... the State and the parties
are allowed five clear days after the impugned judgment is delivered inter partes
8
African Commission on Human and Peoples Rights, Sir Dawda K Jawara v. Gambia, Communication No.
147/95-149/96, para 31; African Commission on Human and Peoples' Rights, Zimbabwe Lawyers for Human
Rights & Associated Newspapers ofZimbabwe v. Zimbabwe, Communication No. 284/03, para 116