I.
THE PARTIES
1.
Mr. Adama DIARRA, also known as “Vieux Blén” (hereinafter “the
Applicant”) is a Malian national and radio host. He challenges the legality
of the procedure that led to him being held in detention for contempt of
court and cybercrime.
2.
The Application is filed against the Republic of Mali (hereinafter “the
Respondent State”) which became a party to the African Charter on Human
and Peoples' Rights (hereinafter “the Charter”) on 21 October 1986 and to
the Protocol on 20 June 2000. The Respondent State also deposited, on
19 February 2010, the Declaration provided for in Article 34(6) of the
Protocol (hereinafter “the Declaration”), by virtue of which it accepts the
jurisdiction of the Court to receive applications from individuals and nongovernmental organisations (NGOs).
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the records that on 22 October 2020, the deputy public
prosecutor of Bamako Commune III district High Court placed the Applicant
under detention following a joint complaint lodged by the two magistrates'
unions of the Respondent State, namely the Syndicat Autonome de la
Magistrature (SAM) and the Syndicat Libre de la Magistrature (SYLIMA),
for contempt of court and insults, committed through an information system
by posting a video on the internet. According to the said complaint, the
Applicant “gratuitously attacked the magistrates in charge of the case of
the State versus Sidiki DIABATE who, according to him, refused, in flagrant
violation of the laws of the Republic, to hear the latter (the accused) who is
in detention”.
2