Court also holds that the said reparation granted by the Supreme Court
of Mali which may not have been to the satisfaction
constitutes
different
(l
issue. In any
responded that it has no jurisdiction
of the applicant
case the Court
has alreadu
to adjudicate upon decisions made
by the domestic courts of Member States of the Community.'
35.
We endorse the said opinion and stand firmly by it but emphasized that
there is a thin divide of not reviewing the decision but hearing the
matters that flow from the decisions which allegedly pose the questions
of violations
of human
rights particularly
holding charge the applicant/plaintiff
in this case where upon a
is detained with no trial would be
said to be different from the order itself.
36.
The question of a holding charge became relevant in this matter raised
by the defendants'
counsel that we found this definition
which is of
interest in Black's Law Dictionary Deluxe Ninth Edition page
'(1949) A criminal
charge
of some minor
accused in custody while prosecutors
andprepare
37.
offense filed
800,
thus:
to keep the
take time to build a bigger case
more serious charge.'
The process that resulted
to a holding charge and the order made
thereon is not the issue that was emphasized but whether the flow from
the
order
which
plaintiff/applicant
allegedly
violated
the
human
rights
of the
and whether same allegation can be said to fall within
the purview of Article 9(4) of the Protocol should be a matter for this
Court.
~
.)8,
.\ncdll'r
point canvassed
amendment
consideration
by tile defendants
IS III respect
(;1 the'
of the pleadings at the stage the applicant brought same for
and granting same. The Court agrees with defendants
the motion to put forward more documentary
that
evidence in support of the