decided to refer the matter back to the Court of First lnstance of Bamako
District
V
12.As at the time of referral to this Court by the Applicants on 1 July, 2016,
proceedings were pending before the Court of First lnstance
of Bamako District
V.
B.
ALLEGED VIOLATIONS
13. The Applicants allege that
the Mali national courts, seized of the dispute
between them and Boussourou, did an incorrect classification of the facts
of the
case. They assert that the fact of classifying the acts of their aggressor
as
assault rather than attempted murder with premeditation resulted in the
violation
of their dignity and rights under international human rights instruments, in
particular:
"The right to dignity and the right to protection from ail
forms of violence
and torture as provided under Article 3 of the Maputo protocol, Article
5 of
the charter, Article 7 of the lccpR and Article 5 of the
Universal
Declaration of Human Rights (UDHR);
ii.
lll
ousmane's right to education as provided under Article 17 of the charter
and Article 1 1 of the African charter on the Rights and wetfare of the
child;
Mariam's right to work as provided under Article 1s of the charter;
The right to health as provided under Article 16 of the charter, Article
14 (1)
of the Maputo Protocol and Article 14 of the African charter on the Rights
and Welfare of the Child;
V
The right of access to justice and the right to reparation as provided under
Article 7 of the charter and Article 6 of the Maputo protocol,,
14.The Applicants contend, lastly, that the Respondent State is liable for
all the
afore-mentioned violations for having failed in its obligation to conduct
an in-
depth and impartial investigation leading to a fair classification of the
offence
4
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