out clearly their content, import, and extent of enjoyment so that any act of their violation may be
qualified or not as a 'Human Right violation'.
34. In the instant case, the Counsel for the Applicant does not pin point any given right; he does
not specify the rights whose violation may have been committed by the State of Mali. At most, he
talks of the behavior and attitude of the said State.
35. However, the Court rather deduces from the decision made by the Supreme Court of Mali that,
what we have at hand is a case of damages suffered by the Applicant as it regards his artifacts,
and for which he was granted reparation. The Court also holds that the said reparation granted by
the Supreme Court of Mali which may not have been to the satisfaction of the Applicant constitutes
a different issue. In any case, the Court has already responded that it has no jurisdiction to
adjudicate upon decisions made by the domestic courts of Members States of the Community.
36. Hence, even if the Community Court of Justice were competent to adjudicate in cases on
Human Rights violation, the Applicant has not indicated any proof of a characteristic violation of a
fundamental Human Right; and in the absence of any such violation, the Application must be
declared inadmissible.
37. All the same, the Applicant's situation as a retired civil servant gives the Court the possibility of
exempting him from bearing the costs.
Holding
38. For these reasons
39. The Community Court of Justice, ECOWAS, in a public sitting, after hearing both Parties, in a
last resort;
Having regard to the Revised Treaty of ECOWAS;
Having regard to Protocol AP1/7/91 on the Court;
Having regard to the January 2005 Supplementary Protocol;
Having regard to the August 2003 Rules on the Court;
Having regard to the 1948 Universal Declaration on Human Rights;
Having regard to the 1981 African Charter on Human and Peoples' Rights;
The Court,
Declares that it is incompetent to adjudicate upon the decision made by the Supreme Court of
Mali, as to violation of Human Rights;
Declares the Application inadmissible, in regard to an infringement which may be characterised as
a fundamental Human Right violation;
Exempts the Applicant from costs;
Done at Bamako on the 22nd day of March 2007
The following Members of the Court participated in the deliberation:
Hon. Justice Hanisne N. Donli - President
Hon. Justice Awa Nana Daboya - Member
Hon. Justice Dirarou S. Sidibe - Member
Athanase Atannon, Esq. - Registrar