69. The Court finds that at each stage of the proceedings before the national
courts, the Applicants obtained judicial decisions, without any impediment.
It can, therefore, not be considered that the Applicants did not enjoy their
right to a fair trial simply because their prayers were not granted by the said
courts.
70. In view of the foregoing, the Court dismisses this allegation and finds that
the Respondent State did not violate Articles 7(1)(a) of the Charter and
Article 2(3) of the ICCPR.
B. Alleged violation of the right to be tried within a reasonable time
71. The Applicants submit that their right to trial within a reasonable time was
violated without presenting any concrete arguments in support of this
allegation.
72. The Respondent State disputes this allegation, arguing that the Applicants
erred on the merits of their claim, given that no violation is attributable to the
Respondent State.
***
73. The Court notes that, under Article 7(1) of the Charter: “Every individual
shall have the right to have his cause heard. This comprises: (d) the right to
be tried within a reasonable time by an impartial court or tribunal …”.
74. The Court recalls the general procedural rule that a party who alleges a fact
must provide proof thereof.
75. The Court observes that, in the present Application, the Applicants merely
allege violation of the right to be tried within a reasonable time without
substantiating the allegation. This, notwithstanding, the Court notes that, as
it emerges from the record, the following timelines were observed in respect
of various domestic proceedings involving the Applicants: five (5) months
and fourteen (14) days between the seizure of the Labour Court of Bamako
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