43. The Applicant on his part submits that the objection should be dismissed, pointing out that he does not know the outcome of his complaint. He further contends that the Respondent State’s submission on the civil remedy lacks merit insofar as he already initiated criminal action, in particular complaints lodged with the Public Prosecutor of the Ariana Court of First Instance and with the Public Prosecutor of the Tunis Court of Appeal and the Public Prosecutor of the Tunis Cassation Court. It is the case, he submits, that under article 7 of the Code of Criminal Procedure (CCP), civil action is stayed when criminal proceedings are pending before court. 44. Furthermore, the Applicant asserts that this Court has already heard a similar case in Application No. 009/2016, between Epoux Diakité and the Republic of Mali.6 He states that in the said case, the Court held that the CCP of the Republic of Mali permitted the Applicants to lodge a civil party complaint with the investigating judge, but the parties concerned did not do so. He notes that the Court therefore found that they did not exhaust local remedies and, consequently, upheld the Respondent State’s objection to admissibility. 45. Finally, the Applicant submits that the difference between his case and the case of Epoux Diakité v. Mali is that he can bring a civil action before the investigative judge only if the Public Prosecutor does not take the necessary action.7 *** 46. The Court notes that, in accordance with Article 56(5) of the Charter and Rule 50(2)(e) of the Rules, applications must be filed before it after exhausting local remedies, if any, unless it is clear that the proceedings relating to those remedies are unduly prolonged. The requirement of exhaustion of local remedies seeks to afford the Respondent State the 6 Epoux Diakité v. Republic of Mali (jurisdiction and admissibility) (28 September 2017) 2 AfCLR 118. Article 36: "The closure of the case by the public prosecutor does not prevent the injured party from initiating public proceedings on his own responsibility. In this case, the injured party may either request that an investigation be opened or summon the accused directly to appear before the court by filing a civil action. 7 12

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