courts, the courts of appeal and the Supreme Court, which is the highest
court of the land.7 Thus, the cassation appeal is not an extraordinary remedy
as claimed by the Applicants.
37. As regards the effectiveness of the cassation remedy, the Court recalls, as
it has previously held, that the effectiveness of a remedy lies in its capacity
to redress the situation contested by the appellant.8 The Court observes that
in the legal system of the Respondent State, the cassation appeal is a
remedy that seeks vacation of a final ruling or judgment for violation of the
law, thereby enabling the country’s highest court to sanction violations of
the law by lower courts.9 Furthermore, decisions of the Supreme Court are
binding on the lower courts and may result in a change in the situation of
the appellants on the merits.10 Consequently, the cassation appeal is an
effective remedy that the Applicants should have exercised.
38.
The Court further recalls that it has held, in cases concerning countries with
the same legal and judicial traditions as the Respondent State, that the
cassation appeal is in principle an effective and satisfactory remedy that
every Applicant is required to exhaust.11
39. In view of the foregoing, the Court upholds the Respondent State’s objection
and finds that the Application does not meet the requirement of exhaustion
of local remedies set out in Article 56(5) of the Charter. Consequently, the
Court finds the Applications inadmissible.
Article 1 of Law No. 61-155 of 18 May 1961 on judicial organization and amended by Law No. 99-435
of 6 July 1999
8 Norbert Zongo and Others v. Burkina Faso (merits) (28 March 2014) 1 AfCLR 219, § 68.
9 Articles 28 and 32 of Law 97-243 of 25 April 1997 amending Law 94-440 of 16 August 1994 determining
the jurisdiction, organization, attributions and functioning of the Supreme Court.
10 Woyome v. Ghana (merits and reparations) (28 June 2019) 3 AfCLR 235, § 65; Zongo and Others v.
Burkina Faso, supra, § 69.
11 Zongo and Others v. Burkina Faso, ibid., § 70; Konaté v. Burkina Faso, supra, § 93.
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