constitutive Act of the African Union, the provisions of the charter or of
any legal instrument of the African Union".
34.
Whereas some of these conditions are not in contention between the parties,
the Respondent State raised two objections: the first, concerning
the
exhaustion of local remedies and, the other, the period within which the Court
is to be seized of the Application.
A. Conditions in contention between the Parties
i. Objection to admissibility of the Application on grounds of failure to
exhaust local remedies
35.
The Respondent State maintains that the Applicants did not exhaust local
remedies before seizing the Court with the matter. tt argues that the Applicants
had all the opportunities to bring the matter before the national judicial
authorities; that the Malian Judiciary is totally independent because it is
separate from the Executive and the Legislative arms; that the Applicants
however, did not make any effort to submit their alleged violations to the
national courts.
36. At the public hearing of 16 May 2017, the Respondent State responding to
questions put by the Court, contended , inter alia, thatthe Applicants acted too
hastily given that they did not adduce any specific evidence to justify the
alleged violations; and that they should have gone to court on the basis of
Articles 115 and 116 of the Respondent State's Constitution prior to bringing
the case before this Court.
37
.
The Respondent State in conclusion prays the Court to rule that the Applicants
have not exhausted local remedies and consequently, dismiss the Application
outright.
38
their Reply, the Applicants submit that no remedy exists at the national level;
that the Respon dent State on ly argues that the Applicants have the opportunity
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