case between the Applicants and the Public Prosecutor's Office in the national
courts, particularly the Court of First lnstance of Bamako District V, since
the
case was referred to the latter so that it could be disposed of, as regards
civil
damages.
46.|n the instant case, the Court notes that the time that elapsed between
24 March,
2014, and 1 July, 20166, the date on which the case was brought
to
it,
corresponds to the period when the Court was awaiting the Applicants'
medical
evidence so as to assess the harm and quantify the reparation.
the above elements, the Court holds that the Applicants have
contributed to the delay in the proceedings they allege are unduly protonged.T
They should have helped to speed up the proceedings by producing
early
47. Considering
enough, the evidence for reparation of the damages they are claiming.
48' The Court therefore dismisses the Applicants' contention that
local proceedings
have been unduly prolonged.
B.
on the alleged inefficiency of the remedies before the court of Appeal
49. The Applicants
also contend that the remedy before the Court of Appeal is
insufficient given that it offers no prospect of re-classification of the
offence as a
case of attempted murder with premeditation rather than assault and
battery; that
the State Prosecutor's Office should first have sought medical evaluation
to
determine the level of incapacitation to work suffered by the victims
before
proceeding with classification of the facts.
u
Date on which the court of Appeal referred the case back to the court
of First lnstance Bamako District
V,
7
See Application No. OO1I2O12, Ju dgment of 28 t\Zt 2014: Frank
David Omary and Others v .united
Republic of Tanzania, g 133 to 135. http://www. af rican-cou rt. orq
11
v
,/)
4