65. The Court also notes that Article 2(3) of the ICCPR provides:
States Parties to this Covenant undertake:
a.
To ensure that any person whose rights or freedoms as herein
recognized
are
violated
shall
have
an
effective
remedy,
notwithstanding that the violation has been committed by persons
acting in an official capacity;
b.
To ensure that any person claiming such a remedy shall have his right
thereto determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the
legal system of the State, and to develop the possibilities of judicial
remedy;
c.
To ensure that the competent authorities shall enforce such remedies
when granted.
66. The Court reiterates that this right requires States to put in place appeal
mechanisms and take the necessary measures to facilitate the exercise of
this right by individuals, particularly by communicating to them the
judgments or decisions against which they wish to appeal.9
67. The Court refers to Article 1 of Law No. 2011-037 of 15 July 2011 on the
judicial organization of Mali, which provides:
Justice is rendered on the territory of the Republic of Mali by, among
others, a Supreme Court, Courts of Appeal, labour courts, etc.
68. The Court further notes, from the Applicants’ submissions on record, that
the competent courts, at different levels of the Malian judiciary, namely, the
Bamako Labour Court, the Bamako Court of Appeal and the Supreme Court
of Mali, were seized by the Applicants and copies of the decisions rendered
by these national courts are available in the record.
9
Mgosi Mwita Makungu v. United Republic of Tanzania (merits) (7 December 2018) 2 AfCLR 550, § 57.
16