40. The evidence on
file shows that when the offence was committed, the police
alerted by the neighbours arrested Mr Boussourou, kept him in custody and
prepared an investigation report; that this report was later transmitted to
the State
Counsel at the Court of First lnstance of Bamako District V; that the latter, for his
part, then seized the Criminal Court for immediate court hearing after placing
the
culprit under detention.
41.The Court notes that the facts described above do not contain any element of
fact or of law which could render the case and, still less, the procedure, so
complicated as to justiff a relatively lengthy hearing.
42.The Court further notes that the Court of First lnstance of Bamako District V
which was seized on 20 February, 2014, rendered its judgment on 27 February,
2014, that is, eight (08) days later. As for the Appeal Court which examined the
case on 27 February, 2014, the latter gave its decision on 24 March, 20,14, that
is, within twenty-five (25) days. The Court finds that such a time frame is not
lengthy enough for it to declare the procedure unduly prolonged.
43. The two (2) years and two (2) months delay that the Applicants are complaining
about is the duration of the proceedings before the Court of First tnstance of
Bamako District sitting as a referral court which is expected to dispose of its case
by making a ruling on the Applicants' claim for civil damages.
44.On this polnt, as it could be seen from the evidence on file, the defence brief
in
particular, that the Applicants themselves contributed in delaying the procedure
because at the hearing of 20 February, 2014, their Counsel prayed the Court to
reserve the rights of the civil parties; and besides, the Applicants had not
produced the final medical report concerning Mariam Kouma. The Applicants
did
not contest this fact.
45.
The Court holds that the expeditiousness of a procedure requires the necessary
cooperation of the Parties in the trial to avoid undue delay as happened in the
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