language, religion, political or other opinion, national or social origin,
property, birth or other status.
i.
Alleged violation by the Minister of Internal Security
48. The Applicants allege that the Minister of Internal Security violated the
principle of equality, by applying the police officers’ promotion criteria in a
discriminatory manner, pursuant to Decree No. 053/06 of 6 February 2006
and Article 125 of Law No. 034-10 of 12 July 2010.
49. They allege, without substantiating, that the police academy authorities
upgraded police officers to the rank of trainee police superintendents, even
though they obtained their diplomas subsequent to the issuance of the
Decree of 6 February 2006.
*
50. In response, the Respondent State asserts that pursuant to the provisions
of Article 155 of the Decree of 6 February 2006:
Police inspectors and non-commissioned police officers holding a master’s
degree on the date of entry into force of this decree are authorized to enter
the national police academy in successive waves according to seniority in
rank and length of service to undergo training as Police superintendents.
51. The Respondent State therefore maintains that there is no ambiguity in the
aforementioned Article 47, as the eligible officers are police inspectors and
non-commissioned officers with the requisite qualifications on the date of
entry into force of the aforementioned decree.
52. According to the Respondent State, as the Applicants obtained their
qualification only in 2011 and 2012, they did not have the required
qualifications at the date of the aforementioned decree and therefore could
not claim to be entitled to admission to the police academy as trainee
superintendents and inspectors.
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