exercised to by-pass what they have described as "lack of diligence on
the part of the Police and the Office of the State Attorney".
45.ln this regard, Article 62 of the Code of Criminal Procedure of Mali
states that: "Any person claiming to be aggrieved by a crime or a
misdemeanor may lodge a complaint in a civil suit before a competent
investigating judge".
46.lt is clear from the foregoing provision that the Applicants had, at least,
the possibility of bringing the case directly before an investigating
judge by filing a civil suit.
47.As regards the effectiveness and sufficiency of this remedy, Article 90
of the Code of Criminal Procedure of Mali provides that: "The
investigating judge shall, in accordance with the law, undertake all such acts
of information as he deems useful to ensure manifestation of the truth."
48.Article 112 of the same Code stipulates that: "Counsel for the accused
and the civil party, both during the investigation and after communication of
the proceedings to the registry, may in writing close the hearing of new
witnesses, adversarial sessions, expert opinions and all such acts of
investigation as they consider relevant for the defense of the accused and
the interests of the civil party. The judge shall give reasons for the order by
which he refuses to carry out any additional investigative measures
requested of him. The accused and the civil party may appeal the order,
either by themselves or through their counsel."
49.lt is apparent from the foregoing provisions that the investigating judge
can undertake all acts of investigation requested of him by the
accused or the injured party, and that the latter even has the right to
appeal an order that refuses to undertake the investigative measures
requested.