59. The Court notes that it is in considering the civil interest of the
Applicants that the
Bamako Court of Appeal on 27 February, 2014 held that the Trial Court
Judge
failed to dispose of the case by not deciding on the civil aspects, and accordingly
decided to refer the matter to the latter.
60. Moreover, the Court notes that, at the present stage of the domestic procedure,
the Applicants can lodge an appeal only after the trial judge's decision on
civil
damages. lt is therefore premature to prejudge the inefficiency of the remedy
before the Court of Appeal.
61. Consequently,
the Court dismisses the Applicants' contention that the local
remedy is inefficient, ineffective and insufficient.
62.
The Court finds that the Applicants have not exhausted the local remedies
as
required under Article 56 of the charter and Rule 40(5) of the Rutes.
63.
The Court notes that, according to Article 56 of the Charter, the conditions
of
admissibility are cumulative and, as such, when one of them is not fulfilted,
the
Application cannot be admissible. This is the case in the instant matter.
The
Application therefore must be declared inadmissible.
vil.
cosTs
64. The Court notes that in
the instant case, the Parties have not made any claim as
to costs
65' ln terms of Rule 30 of the Rules, which provides that "unless othenrvise
decided by
the Court, each party shall bear its own costs", the Court decides that each party
shall
bear its own costs.
I
L4
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;