113. Accordingly, the Court holds that the Respondent State did not violate the
Applicants’ right to equal access to the public services, protected by Article
13(2) of the Charter read together with Article 25(c) of the ICCPR.
C. Alleged violation of the right to promotion to a higher rank
114. The Applicants allege that their unequal treatment in relation to some of their
police colleagues with the same qualifications and length of service violated
their right to work. In this vein, they assert that the Supreme Court, in its
judgments, regularised the situation of these colleagues while declining to
promote the Applicants to a higher rank. Consequently, the Applicants
alleges that the Respondent State violated Article 15 of the Charter and
Article 7(c) of the ICESCR.
**
115. In its Response, the Respondent State asserts that the Decree of 6
February 2006 sets out the special provisions applicable to the various
senior police officers, including Superintendents and Inspectors.
116. The Respondent State further avers that Articles 14 and 15 of the
aforementioned decree provide that recruitment into the corps of Police
Officers and Police Inspectors shall be through training of police officers
authorised to undergo training that entitles them to change categories. In
addition, Police Inspectors and police officers who have successfully
obtained qualifications equivalent to the Master’s degree are integrated into
the corps of Police Superintendents.
117. The same provisions also regulate the training framework, taking into
account the specificity of each police corps.
118. The Respondent State further submits that a police officer must obtain
authorisation in order to undertake the training. To obtain such
authorisation, a police inspector or non-commissioned officer must have
served at his rank for at least five years, three of which must be post26