the Supreme Court to rule in favour of the Ministry of Internal Security. In its
Appeal No. 0259, the GDSL challenged the Supreme Court decision on the
basis of Article 3/71 of Organic Law No. 96-071/ RM-AN, published on 16
December 1996, on the organization and functioning of the Supreme Court.
According to the GDSL, the Supreme Court erred by misapplying or
misinterpreting the law. On 4 August 2016, the Administrative Section of the
Supreme Court dismissed the appeal.
11. On 8 June 2017, the GDSL filed an application for review, in accordance
with Article 256 of Law No. 046-2016 of 23 September 2016 on the organic
law regulating the operations of the Supreme Court and the procedures
followed before it. The GDSL reiterated its claims based on the Supreme
Court’s new jurisprudence in the case of Broulaye Coulibaly et al, Judgment
No. 186 of 17 April 2016. According to this new ruling, “it is a general
principle of civil service law that a civil servant cannot claim a right illegally
granted to another; anyone claiming to hold a right must be able to justify
it”.
12. By judgment No. 412 of 10 August 2017, the Supreme Court annulled the
two decisions previously handed down by its Administrative Section and
dismissed the Applicants�� appeal for lack of merit.
B. Alleged violations
13. The Applicants allege that the Respondent State violated their rights as
follows:
i.
The right to equality before the law, protected by Articles 3(1) and (2) of
the Charter and Article 26 of the International Covenant on Civil and
Political Rights (hereinafter referred to as “ICCPR”);
ii.
The right to have one’s cause heard, protected by Article 7(1)(a) of the
Charter and Article 14 of the ICCPR.
4