30. Regarding exhaustion of local remedies, the Applicants aver that they
complied with this requirement by bringing a case before the Respondent
State’s Constitutional Court which is the highest court of the country.
31. The Court observes, from the record, that the same facts and grievances were
brought by the Applicants before the Kita Court of First Instance which
rendered its judgment on 5 June 2013 (hereinafter referred to as the judgment
of the Court of Kita.) The judgment was overturned by the Kayes Court of
Appeal on 12 December 2013 (hereinafter referred to as the “judgment of the
Court of Appeal of Kayes”) and the Applicants then appealed to the Supreme
Court. On 10 December 2014, the Supreme Court quashed this judgment, and
then referred the case and the parties before the Bamako Court of Appeal.
32. The Court further notes that on 31 August 2017, the Court of Appeal of Bamako
rendered a judgment in favour of the Applicants. Following a case at the
Cassation court brought by BCM, the Supreme Court sat in a joint chamber
and annulled the said judgment on 17 April 2018 without referring it to another
court.
33. The Court observes that the Applicants’ case has been litigated all the way to
the Supreme Court, which is the highest Court in the Respondent State’s
judicial system. The Applicants, therefore, exhausted local remedies, thereby
meeting the requirement under Rule 50(2)(e).
34. With regard to the requirement of filing an application within a reasonable time,
as required under Rule 50(2)(f), the Court starts reckoning the time for referral
from 17 August 2018, which is the date when the joint chambers of the
Supreme Court rendered its decision. Between this date and the date this
Application was filed with the Court, that is, 21 February 2019, ten (10) months
and four (4) days elapsed. The Court considers this period to be reasonable.
Consequently, the Court finds that this requirement has been met.
9
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