SEEKING NATIONALITY
THE JUDICIAL ODYSSEY OF APPLICANTS
representative refuses to sign the notification, and that, in accordance
with CCP Articles 399 and 403.
The provisions of the Law Organizing the Ministry of Justice70 also
demonstrate that the intention of the legislator was to ensure that the
state receives notification of proceedings, judgements, and rulings
promptly. The law specifies measures to by giving the entire body of the
Committee of Cases the authority to receive the legal notifications of
court proceedings and processes in the absence of the President of the
Committee as to not incur any delays by limiting this authority to the
President only, a matter that implies that no delay in receiving notification
should be justified.
The short legal delays and measures for legal notification clearly indicate
that the legislators intended that the judicial processes be rapid and fair
to all parties.
Delays in notifying
the state is one of
the main reasons
for prolonging
proceedings
beyond reasonable
time and
obstructing the
“normal” course
of justice. In fact,
it has become
well-known, to the
extent that it has
become normal,
that notifying the
state (represented
by the Committee
of Cases) is an
open process.
Twisting The Legal Notification
Delays
The review of the lawsuits
assigned by FRH and the 74
Court of Cassation rulings related
to nationality and registration
lawsuits issued between 20142017 show that in reality long
delays is systematic in judicial
proceedings at the first instance,
appeal, and cassation stages. The
average delay ranges between 3 to
19 years. Most of FRH lawsuits, at
the time of writing this study, are
still before the Single Judge or First
Instance courts.
Unjustified and unlawful long delays
dominate the judicial processes.
long delays are caused by both the
litigants and the court. Equally delays
occur in registration and nationality
lawsuits, though registration lawsuits
are relatively quicker than nationality
lawsuits. However, in most time,
the delays are manipulated to the
advantage of the State that is supposed to be the “noble opponent”, when is
acting a litigant, is introduced as a third party, or is intervening in the lawsuit,
a matter that constitutes in many cases denial of justice, and shows that
“power” prevails over the fundamentals of the principles of the rule of law.
In the case of stateless individuals, such delays slow down the process of
ending their statelessness and to a certain degree discourage them from
initiating lawsuits.
Another unlawful pattern is followed by the courts. They request from the
legal representative or the Applicant him/herself to take the notification
and deliver it themselves rather than assigning a bailiff as regulated by
CCP, Article 398. This allows for the manipulation of time limits and not
receiving notification as neither the legal representative nor the Applicant
have the authority to leave the notification with the person to be notified,
in case they refuse to sign the delivery book and write that the notification
has been delivered.
Delays in notifying the state is one of the main reasons for prolonging
proceedings beyond reasonable time and obstructing the “normal” course
of justice. In fact, it has become well-known, to the extent that it has
become normal, that notifying the state (represented by the Committee
of Cases) is an open process which is not bound by any time limits and
exceeds all legal delays. This pattern is very similar in nationality and
registration lawsuits with the variation of the duration of the delay from one
type to another. This delay ranges between 6 months to more than 3 years.
SEEKING NATIONALITY | PART 3
FRONTIERS RIGHTS
The Committee of Cases quasi systematically refuses to receive and/
or sign the legal notification. The unofficial given pretext that the short
delay does not allow it to complete the study and obtain the opinions of
the General Directorate of Civil Status and the findings of the General
Security investigation to build its opinion or its counter-argument.
However, the Committee of Cases resorts to devious ways to avoid signing
the delivery book as it takes the copy of the legal notification and takes it
time to prepare and submit its counter-argument months and sometimes
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