45.
By declaration to the Registry of the Niamey Court of Appeal, dated
11 October 2019, Maître NASSIROU LAWALY, Counsel to Mr. CHERIF
BILWAFI, Mr. MADI CHERIF and Mr. SIDI MOHAMED ZEIDANE, filed
an appeal against the above judgment.
46.
By judgment No. 2020/033/CC/CRIM, dated 27 May 2020, the
Criminal Chamber of the Court of Cassation ruled on the merits of the appeal
in the following terms: “- is taken note of the withdrawal of the accused SIDI
MOHAMED ZEIDANE, CHERIF MADI and CHERIF BILWAFI’s appeal;
- They are given notice of this;
- They are ordered to pay the costs.” (Exhibit 2).
47.
Following the decision of the Criminal Chamber of the Court of
Cassation, dated 27 May 2020, the case was referred on 19 June 2020
to the General Attorney at the Niamey Court of Appeal, who referred
it on 29 June 2020 to the investigating judge appointed to execute the
additional information.
a) Preliminary objection
48.
In its defence, the Defendant claimed the lack of jurisdiction of this
Court, arguing that:
49.
The case-law of this Court is that appeals against decisions of national
courts do not fall within its jurisdiction.
50.
That the Applicant is being held in detention by judicial decisions,
namely by judgment No. 2020/033/CC/CRIM of 27 May 2020 of the
Criminal Chamber of the Court of Cassation.
51.
The said judgment in fact dismissed the appeal against the Control
Chamber's judgment No. 07/POLE/2019 of 11 October 2019, which rejected
the Applicant's application for provisional release and ordered additional
information.
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