73. The Court notes that Article 26 of the Charter provides that:
States parties to the present Charter shall have the duty to
guarantee the independence of the Courts and shall allow the
establishment and improvement of appropriate national institutions
entrusted with the promotion and protection of the rights and
freedoms guaranteed by the present Charter
74. Article 7(1)(d) of the Protocol provides:
Every individual shall have the right to have his cause heard. This
comprises […] the right to be tried within a reasonable time by an
impartial court or tribunal.
75. The Court emphasises that the above two provisions enshrine the obligation
to guarantee the independence of the Courts and the right to be tried by an
impartial Court. The Court will examine these two aspects in turn, noting that
in the instant Application the Applicants’ allegations concern all the courts that
heard their case, namely the Kita Court, the Kayes Court of Appeal, the
Bamako Court of Appeal and the Supreme Court.
a. Independence of the Courts that heard the Applicants' case
76. The Court notes, in line with its jurisprudence, that:
The notion of judicial independence essentially implies the ability of
courts to discharge their functions free from external interference and
without depending on any other authority.10
…
10
Ajavon v. Benin, § 277.
18
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