maintained relations with a State where the system of government is founded on racial
discrimination.
84. In accordance with the provisions of the Charter, Article 179 of the Malian Criminal
Code condemns racist behaviour during cultural or sporting events.
Equality before the law and protection by the law (Article 3)
85. In its preamble, the Constitution endorses the Universal Declaration of Human Rights of
10 December, 1948 and the African Charter on Human and Peoples’ Rights of 27 June, 1981.
86. The Declaration of Independence of the United States of America of 4 July, 1776 and the
French Declaration of the Rights of Man and the Citizen have made this right their priority.
87. The basic law of Mali has not departed from this rule. Article 2 provides that all Malians
are born and remain free and equal in respect of their rights and duties.
88. Indeed, equality before the law is one of the essential attributes of a constitutional State.
All persons residing in the country, be they Malians or foreigners are, except where otherwise
provided legally, equal before the law and entitled to equal protection by the law without any
distinction whatsoever.
89. They are also assured the right to go to court. No one can be deprived of the right to go to
court if it is not done in accordance with the legal rules and procedures such as those relating
to the manner in which statements of the Head of State, Government and representatives of
foreign powers are received (Article 604 to 608 of the Criminal Procedure Code), on the one
hand, and to legal proceedings against members of the Government, magistrates,
parliamentarians and certain civil servants (Article 613 to 625 of the same Code and Article
75 of the Criminal Code), on the other hand. The few adjustments in the form of attachments
of privilege in favour of these categories of officials can only be justified by the sensitive
nature of the offices they hold.
90. Law No. 01-082 of 24 August, 2001 on legal aid also guarantees that the destitute have
access to legal aid in all cases. Legal fees, which only applied in cases involving minors and
judgments of the Courts of Assizes, were extended to all cases at the preliminary
investigation stage.
91. Any person who thinks he has been wronged by a measure taken on behalf of the State or
one of its agencies may contest it before the regular or administrative courts.
92. Finally, the State enjoys no immunity in cases of human rights violation.
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