to seize the tvlalian justice system with the matter without specifying the
jurisdiction competent to determine such an action.
***
39.
The Court notes that the only remedy which the Applicants could have utilised
is that of filing a constitutional petition against the impugned law.
40. ln that regard, Article 85 of the Constitution of Mali provides that ,,The
Constitutional Court is the judge of the constitutionality of the laws and
guarantee the fundamental rights of the individual and public liberties... "
41.
it
shall
Article 88 of the same Constitution provides that "Organizational laws shall be
submitted by the Prime Minister to the Constitutional Court before their promulgation.
Other categories of laws, before their promulgation, may be referred to the
Constitutional Court either by the President of the Republic, the prime Minister, the
President of the National Assembly, one tenth of the deputies of the National
Assembly, the President of the High Council of Collectives or one tenth of the National
Counsellors, or by the President of the Supreme Court,,.
42.
The above provision is reproduced rn extenso by Article 45 of Law No. g7-O1O
of 1 1 February 1997 establishing an organic law that defines the organisational
and operational rules of the Constitutional Court of lvlali as well as the
procedure to be followed before it.
43-
The above provisions show that human rights NGOs are not entifled to seize
the Constitutional Court with applications concerning the unconstitutionality of
laws.
44.
ln view of the aforesaid, the Court finds that no remedy was available to the
Applicants.
45- Consequently, the Court dismisses the objection to the admissibility of the
Application for non-exhaustion of local remedies raised by the Respondent
State
(,
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