44. They note that in compliance with the Bamako Court of Appeal of judgment of
31 August 2017, they initiated enforcement proceedings before Ivorian courts
since their former employer was domiciled in Cote d’Ivoire.
45. They further aver that against all expectations, the judgment of 31 August 2017
was quashed by the joint chambers of the Supreme Court on 17 April 2018
(hereinafter referred to as the “second judgment of the Supreme Court” or the
“judgment delivered by the joint chambers the Supreme Court”), and that they
initiated proceedings to have the judgment set aside.
46. The Respondent State submits that the case should dismissed since, in its
view, the Applicants do not prove their allegations. It argues that its judicial
system enables the Applicants to bring their case before the competent
national courts to have their rights upheld and recognized. It further maintains
that Malian laws, which are compatible with the Charter and the ICCPR, enable
the Applicants to choose their defence counsel and to exercise all possible
remedies.
47. To this end, Respondent State underscores that it adopted and promulgated
Law No. 92-020 of 23 September 1992 on the Labor Code, amended by Law
No. 2017-021 of 12 June 2017, governing relations between workers and
employers, establishes courts to adjudicate disputes relating to employment
contracts. According to the Respondent State, this law offers, among other
guarantees, proper administration of justice
***
48. The Court notes that Article 7(1)(a) of the Charter provides that:
Every individual shall have the right to have his cause heard.
12
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