54' Therefore,
in the absence of proof on the part of the Applicants that the
indictment chamber would not produce the expected results, the Court dismisses
the Applicants' argument in this respect.
c.
on the allegation regarding the inefficiency of the civil remedy
55.The Applicants contend that the Respondent State's justice system, by
classiffing the offense as simple assault and battery without awaiting the opinion
of the physician in charge, "shut the door'' to the claims to compensation for
60%
incapacitation suffered by Mariam Kouma, as well as the loss of opportunities
due to the incapacitation; that Mariam was thus rendered incapable of claiming
the cost of her surgery and medicines, and of the physiotherapy she undenryent
for treating the injuries inflicted on her by Boussourou.
56. The
Applicants also argue that the fact that the State Prosecution had avoided
conducting
the
appropriate criminal proceedings but rather undertook
correctional proceedings, while ignoring young Ousmane Diabat6's status
of
victim - all represents proof that the local courts failed in their obligation to
conduct thorough and impartial investigations.
57. The Applicants conclude that
the local procedures hold no interest for the victims
who are seeking a proper classification of the offence, punishment of the culprit
commensurate with the crime committed and compensation that takes into
account the sufferings endured by the Applicants.
58.The Respondent State refutes all the Applicants' allegations and states
that it is
because the Appeal Court took into account the civil claims of the Applicants
that
it referred the case to the trial Judge.
***
13
J) 4