mariko c republique du mali requete n 0292018 2022 afchpr 6 24 mars 2022

mariko c republique du mali requete n 0292018 2022 afchpr 6 24 mars 2022

The Court found that Mali violated the applicant's right to be judged within a reasonable time, the principle of adversarial proceedings, the right to an effective remedy, the obligation to guarantee the independence of the Constitutional Court, and the obligation to create and strengthen independent and impartial...

Source-derived case information.

Citation
mariko c republique du mali requete n 0292018 2022 afchpr 6 24 mars 2022
Parties
Applicant: Oumar Mariko; Respondent: République du Mali
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Partially upheld; violations found and reparations ordered
Legal Topics
Right to Fair Trial, Judicial Independence, Electoral Process, Effective Remedy, Equality Before the Law, Right to Vote and Be Elected
Source Language
en
Human Rights Law Constitutional Law Electoral Law Right to Fair Trial Judicial Independence Electoral Process Effective Remedy Equality Before the Law +1 more

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Parties

Oumar Mariko

Applicant

République du Mali

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to be heard within a reasonable time was violated
  2. 2 Whether the principle of adversarial proceedings was violated
  3. 3 Whether the right to an effective remedy was violated

Ratio Decidendi

The Court found that Mali violated the applicant's right to be judged within a reasonable time, the principle of adversarial proceedings, the right to an effective remedy, the obligation to guarantee the independence of the Constitutional Court, and the obligation to create and strengthen independent and impartial electoral bodies. However, the Court found no violation regarding the right to be judged by an impartial tribunal, equality before the law, the right to vote and be elected, or the obligation to establish transparent electoral lists.

Court Disposition

Partially upheld; violations found and reparations ordered

Orders

  • Mali to pay the applicant 1,000,000 CFA francs for moral damages within six months, with interest thereafter.
  • Mali to revise laws governing the Constitutional Court to ensure adversarial proceedings and provide for recusal procedures within three years.