Original: French
the Application instituting proceedings , it cites Articles 33, 176 and
177. The Applicant further maintains that the first year of Mr.
Kadhafi 's detention was governed by the laws in force before the
people's court which were declared unconstitutional. According to
the said laws, the State Prosecutor could unilaterally extend the
period of detention without the prior authorisation of a judge. It was
only after a year in detention that the laws prescribed in the Libyan
Penal Code were
accessibility
and
made available.
effectiveness
of
However, in
the
said
practice, the
measures
were
questionable.
67. In paragraph 82.1 of its Judgment of 14 June 2013, in the Matter of
Consolidated Applications 00912011 Tanganyika Law Society and the
Legal and Human Rights Centre and 01112011 Reverend Christopher R.
Mtikila v. The United Republic of Tanzania, the Court held that the local
remedies to be exhausted prior to bringing a case before it are primarily
judicial remedies which are the only ones that meet the criteria of
availability, effectiveness and sufficiency. Furthermore, "a remedy
IS
considered available if the complainant can pursue it without impediment."
In the same vein, in the Matter of Application 013/2011 the Beneficiaries of
Late Norbert Zongo and Others v. Burkina Faso, Judgment of 28 March
2014, paragraph 68, the Court held that an effective remedy refers to "that
which produces the expected result, and hence, the effectiveness of a
remedy is therefore measured in terms of its ability to solve a problem
raised by the Applicant".
68. It is obvious from the facts of the case that the secret detention ,
isolation by the revolutionary brigade, the fact of not having access to a
counsel or to a judge during the procedures for extension of his detention
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents