domestic judicial competence of the Republic of Mali, and that in that respect,
the Court recalls its consistently held case law and declines jurisdiction on any
application brought seeking to overturn decisions of the domestic courts of
Member States …” (§38). Then in Case Concerning Barthélémy Diaz v. Republic
of Senegal (Judgment of 23 March 2012), the Court recalls in paragraph 25,
regarding a committal order by a judge, that all the concepts at stake called for
a closer look to be taken at the facts of the case, in relation to the individuals
indicted, and therefore fell exclusively within the ambit of the domestic courts;
as contrasted with the jurisdiction of the Community Court, when seised with a
matter on human rights, and instituted against a Member State of the
Community. Finally, in the case law of Aziagbede Kokou and Others v. Republic
of Togo (Judgment of 3 July 2013), the Court finds that: “… it is not within its
human rights protection mandate to substitute its own viewpoint on the facts
of a case for that of the domestic courts seised with the same case, in terms of
determining the authenticity of certain exhibits pleaded in relation to charges
of a criminal nature. The issue would have been completely different if the
question before the Court were to be limited to determining the fairness of the
entire procedure which may have been employed at the national level.”
The Court concludes that it is impossible for it to make a pronouncement on the
disputed recorded telephone conversations, given the failure to demonstrate a
direct effect of the said recordings on the procedure. The Court therefore
dismisses the claims made by the Applicant in that regard.
AS TO THE APPLICANT’S REQUESTS FOR RELIEF
The Applicant equally requested the Court to award him the sum of One
Hundred and Fifty Million CFA Francs (CFA F 150,000,000) “in legal fees and
honorariums”.
The Court is however of the view that any request for monetary compensation
shall be buttressed by adequate proof, and must be as a result of a physical or
psychological harm suffered by an applicant. In the instant case, the Court has
rectified the procedural aberration amounting to human rights violation, which
consisted of putting impediments in the way of Applicant in the exercise of his
right to free choice of counsel. The Applicant’s counsel can now fully exercise
the mandate of representing him, for the purposes of putting up his defence.
There is no apparent link between the violation of that right – which has been
restored – and the request for monetary compensation. As things stand, the
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