7612 and 7713 of the Malian Code of Criminal Procedure, after which he was
taken before the public prosecutor who charged him and then placed him on
remand pending his appearance in court on 15 December 2020, in accordance
with the established procedure in preliminary investigations.14
43. The Court notes that the Applicant brought his Application before it even before
the pre-trial judgment ordering his release on bail.
44. With regard to the allegation relating to fair trial, the Court notes that the
Applicant himself acknowledges that he did not exhaust the local remedies
available to him, such as that provided for under Article 616 of the Respondent
State's CCP.
45. With regard to the allegation relating the Prosecutor's power, the Court notes
that the Applicant raises a principle for which he does not indicate the basis; he
merely alleges that there is no local remedy.
46. The Court notes, however, that the Applicant does not demonstrate the efforts
made or the difficulties encountered or the obstacles to pursuing existing
remedies such as remedies for unconstitutionality or for violation of his rights.
47. In the light of the foregoing, the Court considers that the Application was filed
while the domestic proceedings were still ongoing and is therefore premature.
Article 76 paragraph 2 states: “If there is serious and corroborating evidence against a person that
could justify his or her indictment, the forty-eight-hour period of police custody may be extended by
twenty-four hours by written authorisation from the public prosecutor (...)”.
13 Article 77 paragraph 2 provides: "The judicial police officer must make mention on the record of the
proceedings, in respect of any person in custody, the day and time from which he or she was held in
custody, as well as the day and time from which he or she was either released or brought before the
competent magistrate. This note must be specially signed by the persons concerned in the event of
refusal. It must include the reasons for the accused being held in custody.
14 Article 83, paragraphs 1 and 2, provide that: "In the event of a flagrant offence, where the offence is
punishable by imprisonment, and if the examining magistrate is not seized, the public prosecutor may
place the accused under a detention order, after having questioned him about his identity and the acts
of which he is accused.
The same shall apply when, following a preliminary investigation, a criminal offence punishable by
imprisonment appears to be established against an accused, either by his confession or by the
unanimous testimony of several witnesses; in this case, the accused must be summoned to appear
before the court at the latest within three months of the committal order.
12
12