A. Alleged violation of the right to bring complaints before competent
national courts
60. The Applicants argue that it is clear that no appeal is possible before
domestic courts because if the Supreme Court had wanted to apply the law,
it would have referred the case and the parties to a differently constituted
Court of Appeal. According to the Applicants, this argument is confirmed by
the Respondent State’s contention that this Court lacks appellate jurisdiction
to review decisions of domestic courts.
61. The Respondent State submits that the Applicants have indeed exercised
their right to seize the national courts by taking their matter through the trial
court (Bamako Labour Court), the Bamako Court of Appeal and the
Supreme Court. The Respondent State points out that their former employer
was ordered by the Supreme Court to pay entitlements and damages to
other workers involved in similar disputes.
62. Over and above all that, the Respondent State argues that the Applicants
cannot ignore the fact that the Supreme Court, the highest court of the land,
has oversight over the application of the law by the lower courts which
cannot have a different case law other than the one developed by the
Supreme Court. On the contrary, it is for the lower courts to align themselves
with and comply with the jurisprudence of the Superior Court.
63. The Respondent State, therefore, concludes that the Application should be
declared unfounded and the Applicants’ case be dismissed accordingly.
***
64. The Court notes that under Article 7(1) of the 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 violating his fundamental
rights as recognized and guaranteed by conventions, laws, regulations and
customs in force…”
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