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Diakite v Republic of Mali (Application No. 009-2016)

African Court on Human and Peoples' Rights · [2017] AfCHPR 7 · 2017 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights alleging violations of the African Charter arising from alleged failure of Malian authorities to investigate a robbery
Decision
Application declared inadmissible for failure to exhaust local remedies

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights held that it had jurisdiction to hear the application but declared it inadmissible for failure to exhaust local remedies. The applicants, victims of a robbery in Mali, had filed a complaint with the State Prosecutor but failed to exercise their right under Malian law to bring a civil suit directly before an investigating judge. The Court found that this remedy was available, effective and sufficient, and that the applicants could not claim undue prolongation of proceedings without having exhausted it.

Outcome

Application declared inadmissible for failure to exhaust local remedies

Facts

On 14 November 2012, the applicants' home in Bamako, Mali was robbed and vandalized by unknown persons. Items stolen included a laptop, medical appliances, USB flash disks, books, a land allocation letter and educational certificates. The applicants filed a complaint against an unknown person with the State Prosecutor on the same day. Fifteen days later, a suspect named Oumar Maré was found in possession of a knife stolen from the applicants' neighbour on the same night. Maré was brought to the police station, statements were taken, but he was released after five days. The applicants contacted the police superintendent, State Attorney and Prosecutor General but received no reply to their complaint. Over three years passed without resolution of the matter before the applicants brought the case to the African Court.

Issues

  1. Whether the Court has jurisdiction to hear the application.
  2. Whether the applicants exhausted local remedies before bringing the application to the African Court.
  3. Whether referral to an investigating judge by way of civil suit constitutes an available, effective and sufficient remedy in Mali's judicial system.
  4. Whether the duration of proceedings at national level was unduly prolonged within the meaning of Article 56(5) of the African Charter.

Orders

  • Declared that the Court has jurisdiction to hear the matter.
  • Upheld the Respondent's objection regarding inadmissibility of the Application for failure to exhaust local remedies.
  • Declared the Application inadmissible.
  • Ruled that each Party shall bear its own costs.

Rules and key headnotes

Human Rights — Exhaustion of Local Remedies — Requirement under International Law
The rule regarding exhaustion of local remedies prior to referral to an international human rights court is one that is recognized and accepted internationally and is an exigency of international law, not a matter of choice.
Human Rights — Exhaustion of Local Remedies — Burden on Applicant
It lies with the applicant to take all such steps as are necessary to exhaust or at least endeavour to exhaust local remedies, and it is not enough for the applicant to question the effectiveness of the State's local remedies on account of isolated incidents.
Criminal Law & Procedure — Civil Action in Criminal Proceedings — Direct Referral to Investigating Judge
Where domestic law permits a victim to lodge a complaint in a civil suit directly before a competent investigating judge, and that judge has power to undertake all acts of investigation and the victim has a right to appeal refusal of investigative measures, such a remedy is available, effective and sufficient for purposes of exhaustion of local remedies.
Human Rights — Exhaustion of Local Remedies — Undue Prolongation
An applicant who has failed to exercise an available, effective and sufficient remedy is not entitled to submit that proceedings have been unduly prolonged within the meaning of Article 56(5) of the African Charter.

Legislation cited (13)

  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 14
  • African Charter on Human and Peoples' Rights Article 23
  • African Charter on Human and Peoples' Rights Article 56
  • International Covenant on Civil and Political Rights Article 2(3)(a)
  • International Covenant on Civil and Political Rights Article 2(3)(b)
  • Protocol to the African Charter on the Establishment of an African Court on Human and Peoples' Rights Article 3(1)
  • Protocol to the African Charter on the Establishment of an African Court on Human and Peoples' Rights Article 6(2)
  • Protocol to the African Charter on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)
  • Code of Criminal Procedure of Mali (Law No. 01-080 of 20 August 2001) Article 62
  • Code of Criminal Procedure of Mali (Law No. 01-080 of 20 August 2001) Article 90
  • Code of Criminal Procedure of Mali (Law No. 01-080 of 20 August 2001) Article 112

Cases cited (3)

  • Dawda K. Jawara v Republic of The Gambia (Communication No. 147/95-149/96)
  • Lohé Issa Konaté v Burkina Faso (Application No. 004/2013)
  • Peter Joseph Chacha v United Republic of Tanzania (Application No. 003/2012)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Diakite v Republic of Mali (Application No. 009-2016) [2017] AfCHPR 7 (28 September 2017)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.