I.
THE PARTIES
1.
Al’asaad Milaad (hereinafter referred to as “the Applicant”) is a Tunisian
national, shareholder in several companies. He alleges violation of his right
to a fair trial and his right to property in connection with the auction sale of
a plot of land which he did not win.
2.
The Application is filed against the Republic of Tunisia (hereinafter referred
to as “the Respondent State”), which became a Party to the African Charter
on Human and Peoples’ Rights (hereinafter referred to as “the Charter”) on
16 March 1983 and to the Protocol on 21 August 2007. It deposited, on 16
April 2017, the Declaration under Article 34(6) of the Protocol by virtue of
which it accepts the jurisdiction of the Court to receive cases from
individuals and Non-Governmental Organisations having observer status
before the African Commission on Human and Peoples’ Rights (hereinafter
referred to as “the Declaration”). On 7 March 2025, the Respondent State
deposited, with the African Union Commission, an instrument withdrawing
the said Declaration. The Court has held that this withdrawal has no bearing
on pending cases and new cases filed before 8 March 2026, which is the
day on which the withdrawal took effect, being a period of one year after its
deposit.2
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the Application that the Applicant was a shareholder in
Société tunisienne des structures métalliques (hereinafter “ST METAL
MILAAD”) which auctioned off a number of its properties on 15 August 2008
to the Société Tunisienne de Banque.
2 Mouaz Khariji Ghannouchi and Others v. Republic of Tunisia, AfCHPR, Application No. 004/2023,
Decision on the Application for the revocation of the Order for provisional measures of August 28, 2023,
17 March 2025, §§ 12 and 13.
2