37. In the present Application, the Respondent State raises two objections to
admissibility; one, based on non-exhaustion of local remedies, and the other
based on the failure to specify the provisions allegedly violated. The Court
will consider these objections before examining other conditions of
admissibility, if necessary.
A. Objection based on non-exhaustion of local remedies
38. The Respondent State submits that the Applicants indicate, without
providing proof, that all the local remedies under the law of procedure of
Mali, were exhausted after the Social Chamber of the Supreme Court
rendered Judgment No. 38 of 15 November 2016, dismissing their cassation
appeal.
39. The Respondent State argues that the Applicants voluntarily refrained from
exercising the internal legal remedies provided for by Article 173 of Law No.
2016-046 of 23 September 2016 on the organic law pertaining to the
organization, the operating rules of the Supreme Court and the procedure
followed before it, which provides that: “judgments rendered by the Judicial
Section of the Supreme Court are subject only to the following procedures:
a.
An action for rectification may be exercised against decisions tainted by
a material error likely to have had an influence on the judgment of the
case;
b.
An appeal for interpretation may be exercised against obscure or
ambiguous decisions;
c.
A request for rectification judgment may be exercised when the
impugned judgment is tainted by an error not attributable to the
interested party and which affected the solution proffered for the case by
the Court”.
40. The Applicants, for their part, argue that local remedies were exhausted
insofar as the Supreme Court, which is the highest court with jurisdiction in
this case, rendered its decision.
10