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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