113. The Court, having considered all the requirements relating to admissibility of the
application pursuant to article 56(5) of the Charter and Rule 40(5) of the Rules, concludes
that the application is admissible.
VI. THE MERITS OF THE MATTER
A) Allegations of violation of the rights of the Applicants to have their cause heard
by competent national courts
114. The right to have one’s cause heard by competent national courts is guaranteed
under article 7(1) of the Charter and articles 2(3) and 14 of the ICCPR. This right is also
enshrined in article 8 of the Universal Declaration of Human Rights.
115. According to article 7 of the Charter:
“41. Every individual shall have the right to have his cause heard. This comprises: (a) the
right to an appeal to competent national organs against acts of violating his fundamental
rights as recognised and guaranteed by conventions, laws, regulations and customs in
force...”.
116. According to article 2(3) of the ICCPR:
“Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated
shall have an effective remedy, notwithstanding that the violation has been committed by
persons acting in an official capacity;
(b) To
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) To ensure that the competent authorities shall enforce such remedies when granted”.
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