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The Court, composed of: Imani D. ABOUD, President, Blaise TCHIKAYA, VicePresident, Ben KIOKO, Rafaâ BEN ACHOUR, Suzanne MENGUE, Tujilane R. CHIZUMILA, Chafika BENSAOULA, Stella I. ANUKAM, and Dumisa B. NTSEBEZA Judges, Dennis D. ADJEI; and Robert ENO, Registrar. In accordance with Article 22 of the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights (hereinafter referred to as “the Protocol”) and Rule 9(2) of the Rules of Procedure of the Court (hereinafter referred to as “the Rules”), Judge Modibo SACKO, a Malian national, did not hear the Application. In the Matter of: Adama DIARRA also known as Vieux BLÉN represented by: Mr. Alifa Habib KONE, Advocate at the Bar of Mali, Société Civile Professionnel d’Avocats DO-FINI CONSULT. Versus REPUBLIC OF MALI represented by: i. Mr. Youssouf DIARRA, Director General of State Litigation. ii. Mr. Daouda DOUMBIA, Deputy Director General of State Litigation. After deliberation, delivers this ruling: 1

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I. THE PARTIES4
II. SUBJECT OF THE APPLICATION4
A. Facts of the matter4
B. Alleged violations6
III. SUMMARY OF THE PROCEDURE BEFORE THE COURT6
IV. PRAYERS OF THE PARTIES7
V. JURISDICTION8
VI. ADMISSIBILITY9
A. Objection based on non-exhaustion of local remedies10
B. Other admissibility requirements15
VII. COSTS15
VIII. OPERATIVE PART16

047/2020 - Adama Diarra v. Mali

AfCHPR Matter

Keywords

Arbitrary Arrest and Detention
Exhaustion of Local Remedies
Freedom of Opinion
Personal Liberty
Right to Fair Trial

Country

Mali

ACHPR Rights Alleged to be Violated

ACHPR 7.1: Right to be Heard
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 8: Right to Freedom of Conscience

Outcome

Ruled Inadmissible

Duration of Procedure: Dec 1, 2020 ~ Dec 1, 2022

Country Geolocation

Latitude: 17.570692

Longitude: -3.996166

Country Geolocation (linked AfCHPR Matter): Mali

Primary Documents

Adama Diarra Eng.pdf
English
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Adama Diarra FR.pdf
French
ML TOC
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African Charter on Human and Peoples' Rights (Banjul Charter)

Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal.

Treaty

International Covenant on Civil and Political Rights ICCPR

Article 141. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. 2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. 3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay; (d) To be tried in his presence, and to defend himself in person or through legalassistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; (e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court; (g) Not to be compelled to testify against himself or to confess guilt. 4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. 6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person whohas suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. 7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

(b) the right to be presumed innocent until proved guilty by a competent court or tribunal;

Treaty

International Covenant on Civil and Political Rights ICCPR

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Treaty

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- Treaty10
- UN Document2

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