The case was based on allegations of human rights infringement during a conflict which involved charges of rape, sexual violence, forced marriage, and torture by non-state actors.
The ECOWAS Court has dismissed various charges of human rights breaches filed by a human rights Non-Government Organisation, Collectif Cri de Coeur pour le Mali, against the Government of Mali.
The case was based on allegations of human rights infringement during a conflict which involved charges of rape, sexual violence, forced marriage, and torture by non-state actors.
The group had approached the court to seek judicial redress for these violations under various international human rights treaties, including the Maputo Protocol.
However, the court ruled on Monday that the Applicant's claims lacked sufficient evidence and legal grounding to hold the government accountable.
Some of the applicants, who were among victims of the alleged violations, said they lodged complaints and claims for indemnification through their lawyers as far back as 2016.
They claimed that the trial judge delayed delivering their paperwork to the Public Prosecutor of the Republic in Gao. They claimed that the latter returned their files after five months, informing them of his ineptitude because the alleged facts constituted a terrorism crime that could only be addressed by a specialised court.
The applicants stated that they had not been able to access their files since, and that no further action has been made to move the matter. They argued that they were denied justice and that Mali violated and continues to breach its obligations under international conventions to which it voluntarily adheres.
They asked the Court to declare that the State of Mali had infringed their rights to a fair trial and an effective remedy, as well as children's rights to health care and health services and compensation. They requested that the Respondent conduct investigations and charges against the offenders, as well as provide the victims with judicial, legal, medical, and psychological care. Finally, they requested that the Court order the payment of 40,000,000 FCFA for physical harm and 15,000,000 FCFA for moral harm to each victim.
The State of Mali challenged the association's claims, arguing that the Court lacked jurisdiction and that the case was inadmissible.
The Court, while acknowledging its jurisdiction and the admissibility of the case, eventually dismissed the Applicants' arguments on the merits.
Regarding the violation of the rights to a fair trial and an effective remedy, the Court determined that the Applicants did not provide compelling facts and evidence to establish a derogation of the guarantees under Article 7 of the African Charter on Human and Peoples' Rights (ACHPR).
On the violation of the Applicant’s rights to prosecution of perpetrators under the Maputo Protocol, the Court held that the Respondent having established mechanism to discharge its obligation, did not breach the rights of the Applicants. Other claims were dismissed by the Court for lack of quality evidence necessary to be successful.
Members of the panel of judges were Justices Edward Amoako Asante (Presiding) and Gberi-bè Ouattara and Sengu M. Koroma (Judge Rapporteur).