95. The Court also emphasises that Article 2(3) of the ICCPR provides:
States Parties to the present Covenant undertake to:
a.
“ […] ensure that any person whose rights or freedoms as herein
recognized
are
violated
shall
have
an
effective
remedy,
notwithstanding that that the violation has been committed by
persons acting in an official capacity;
b.
ensure that any person claiming such a remedy shall have his right
thereto determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the
legal system of the State, and to develop the possibilities of judicial
remedy;
c.
ensure that the competent authorities shall enforce such remedies
when granted
96. The Court emphasises that in the judicial system of the Respondent State,
any citizen may bring a case before the Constitutional Court if he considers
that his fundamental rights have been violated.31 The Court further notes
that any citizen of the Respondent State has the right to directly petition the
Constitutional Court, which is the guarantor of fundamental human rights.
97. Lastly, the Court notes that it emerges from the Applicant’s written
submissions that he petitioned the Constitutional Court, and copies of the
said court’s decisions are available in the record.
98. The Court finds that the Applicant’s right to fair trial were not violated.
99. In view of the foregoing, the Court dismisses this allegation and holds that
the Respondent State did not violated Article 7(1)(a) of the Charter read in
conjunction with Article 14 of the ICCPR.
31
Article 35 of Law 2022-09 of 27 June 2022 on the Organic Law of the Constitutional Court states:
Likewise, laws and regulatory acts which may infringe fundamental human rights and public
freedoms, and violate human rights in general are referred to the Constitutional Court is seized
by the President of the Republic, or by any citizen, association or human rights organisation.
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