58. The Court further notes that the Respondent State, on the one hand, applied
the criteria set out in the Decree of 6 February 2006, which is an instrument
of general application, taking into account the status of the Applicants at the
date of entry into force of the Decree. On the other hand, there is no
evidence that the provisions of the Decree outlining criteria applied contain
elements of inequality with regard to the Applicants who, in any case, have
not demonstrated that they were treated differently and unfairly.
59. The Court further notes that the Applicants’ allegation that some of their
colleagues who were in the same situation were accepted as trainee police
superintendents is not supported by any evidence. The Court observes,
finally, that the Applicants have not adduced any evidence that they were
not allowed to join the National Police Academy to train as superintendents
or inspectors on account of their status, namely their race, colour, sex,
language, religion, political or other opinions, national or social origin,
property or descent, or other circumstances.
60. Consequently, the Court finds that the measures taken by the Ministry of
Internal Security cannot be said to have violated the Applicants’ rights to
equality before the law and to non-discrimination, protected by Article 3(1)
of the Charter read jointly with Article 26 of the ICCPR.
ii. Alleged violation by the Supreme Court
61. The Applicants allege that by failing to comply with its jurisprudence, the
Administrative Section of the Supreme Court violated the principle of
equality of all before the law.
62. They also point out that the Supreme Court dismissed their appeal, while
granting the request for regularization submitted by their colleagues, who
were in a similar situation with regard to the date of graduation, length of
service and rank.14
14 Supreme Court of Mali, Judgment No. 55 of 25 March 2010; Judgment No. 362 of November 2013,
Judgment No. 93 of 17 April 2014.
14