37. Consequently, the Court finds that the Application does not contain any
disparaging or insulting language, within the meaning of article 56(3) of the
Charter and Rule 50(2)(c) of the Rules.
38. Accordingly, the Court dismisses the Respondent State’s objection to
admissibility based on the use of disparaging or insulting language and
holds that the Application complies with the requirement under Article 56(3)
of the Charter.
ii. Objection based on non-exhaustion of local remedies
39. The Respondent State submits that exhaustion of local remedies is an
important requirement under Article 56 of the Charter and Rule 50 of the
Rules.11
40. According to the Respondent State, the purpose of the rule that local
remedies must be exhausted is to limit arbitrary and unjustified referrals to
the Court and to avoid overloading its cause list.
41. The Respondent State submits that the Applicants did not exhaust the local
remedies available to them, insofar as they did not appeal against Judgment
No. 258 of 5 May 2016 delivered by the Administrative Division of the
Supreme Court of Mali.
42. It, therefore, prays the Court to declare the Application inadmissible for
failure to meet the condition laid down in Article 56 of the Charter and the
Rules.
***
43. In their response, the Applicants submit that the Court must be seized only
after all local remedies have been exhausted, which means that an
application against a State can only be brought before the Court if that
11
Rule 50(2) of the Rules of Procedure of the Court of 2020.
11