35. It contends that in the context of Mr. Oumar Mare's arrest, a search
was conducted at his home and none of the items stolen from the
Applicants' home was found there; that despite all that, the Applicants
are intent on getting justice to prosecute and convict Mr. Oumar Mare
as the author of the robbery, whereas no evidence of guilt has been
found against him.
36.lt further contends that if the Applicants were so convinced that Mr.
Oumar Mare was the perpetrator of the robbery,
and given the
alleged inaction of the Police and the Office of the State Attorney, they
could have brought a civil action before the competent investigating
judge; that, in reality, the Applicants were
apprehensive of the
uncertain outcome of such a procedure and would want this Court to
substitute itself for the domestic Courts in order for them to obtain
redress.
37. The Respondent, in conclusion, submits that it has not violated any
rights of the Applicants in terms of the domestic proceedings.
38.ln their Reply, the Applicants maintain that filing a civil suit is not a
remedy within the meaning of Article 56 (5) of the Charter; that in the
Republic of Mali, a victim has the option of referring a case to the
State Attorney or to an Investigating Judge; that the use of either
option closes the other for the purposes of proper administration of
justice; that, besides, the two procedures have the same finality, that
is, investigation by an investigating judge.
39. They maintain that the attitude on the part of the judicial authorities of
Mali of abandoning the procedure at the initial stage for over three (3)
years constitutes an undue prolongation of the procedure within the
meaning of Article 56 (5) of the Charter.