State’s domestic courts have had the opportunity to examine the alleged
violations.
44. The Applicants also point out that Article 256 of Organic Law No 2016-046
of 23 September 2016, which lays down the rules for the organisation and
operation of the Supreme Court of Mali (hereinafter “the Organic Law of the
Supreme Court”), provides for the possibility of appeal in limited cases, for
example, where there is an error in the application of the law or an
erroneous interpretation thereof.
***
45. The Court notes that, according to the Respondent State, the Applicants did
not exhaust local remedies as they failed to appeal against Judgment No.
258 of 5 May 2016 delivered by the Administrative Division of the Supreme
Court.
46. The Court reiterates that any application brought before it must satisfy the
requirement of prior exhaustion of local remedies,12 unless the remedies are
not available, ineffective or insufficient or unless the proceedings in respect
of such remedies are unduly prolonged. In its jurisprudence, the Court has
held that the remedies to be exhausted must be ordinary judicial remedies.13
Consequently, local remedies have been exhausted once the Applicants
have referred the matter to the highest court of the Respondent State with
jurisdiction in the matter.14
47. In this respect, the Court notes that in the judicial system of the Respondent
State, the procedure for bringing an application for review before the
Supreme Court, in accordance with Article 256 of the Organic Law on the
12
Lohé Issa Konaté v. Burkina Faso (merits) (05 December 2014) 1 AfCLR 314, § 77.
Wilfred Onyango & Others v. Republic of Tanzania (merits) (18 March 2016) 1 AfCLR 507, § 88.
14 Kachukura Nshekanabo Kakobeka v. United Republic of Tanzania, ACtHPR, Application No
029/2016, Judgment of 4 December 2023 (merits and reparations), §§ 40-44; Mohamed Selemani
Marwa v. United Republic of Tanzania, ACtHPR, Application No. 014/2016, Judgment of 2 December
2021 (merits and reparations), § 45; Mohamed Abubakari v. United Republic of Tanzania (merits) (3
June 2016) 1 AfCLR 599, § 76.
13
12