264/02 Association Que Choisir Bénin / Benin Summary of Facts 1. On the 6th November 2002, the Secretariat of the African Commission received from Mr Dossou Dossa Bernard, Chairperson of the NGO Que Choisir Benin1 , a communication submitted on behalf of Beninese magistrates, in accordance with the provisions of Articles 55 and 56 of the African Charter. 2. The communication was instituted against the Republic of Benin (State party2 to the African Charter and hereinafter referred to as Benin) and in it the NGO Que Choisir Benin alleges that the report prepared by a Commission of Inquiry of the Ministry of Finance of Benin set up to investigate disbursements effected between 1996 and 2000 concluded that "all sorts of irregularities and fraudulent dealings in the collection and issue of taxes and memoranda falling under the jurisdiction of magistrates", had been committed and as a result several magistrates, court clerks and tax collectors of the Beninese Treasury were brought before the judicial chamber of the Supreme Court accused of falsification of public accounts, complicity in embezzlement, fraud... 3. Que Choisir Benin furthermore declares that the Constitutional Court of Benin, by its Ruling DCC 02-097, dismissed, on unconstitutional grounds, the appeal lodged by the magistrates imprisoned since December 2001. Complaint 4. The NGO Que Choisir Benin contends that the provisions of Articles 547, 548 and 549 of the Ruling No 25/PR/MJL of 07/08/67 governing the [C]riminal [P]rocedure [C]ode in Benin and by virtue of which the proceedings were brought (against those accused), violate the principles of equality and the right to defense provided for under the provisions of Article 26 × The State shall assure to everyone equality before the law without distinction of origin, of race, of sex, of religion, of political opinion or of social position. Men and women are equal under the law. The State shall protect the family and particularly the mother and child. It shall take care of handicapped and aged persons.(http://www.unhcr.org/refworld/category,LEGAL,,,BEN,3ae6b57d4,0.html Accessed 19.10.2010) of the Constitution of Benin and Article 7.1.c of the African Charter. 5. Que Choisir Benin consequently requests the African Commission to "consider this communication at one of its future sessions". Procedure 6. The Secretariat of the African Commission, by letter ref ACHPR/COMM/2 of 11th February 2003 addressed to Que Choisir Benin, acknowledged receipt of the communication, specifying the reference of the communication and further informing it that the communication would be registered on the African Commission's roll for examination on seizure at its 33rd Ordinary Session scheduled from 15th to 19th May 2003 in Niamey, Niger. 7. At the 33rd Session, the African Commission considered the complaint, decided to be seized of it and deferred consideration on its admissibility to the 34th Ordinary Session of the [African] Commission. 8. The Secretariat of the African Commission, by Note Verbale and letter dated 23rd June informed the parties of the decision on seizure taken by the African Commission with regard to the communication and requested them to convey, as early as possible, their submissions on admissibility of the communication. 9. The [Complainant] transmitted by electronic mail its submission on the admissibility of the communication to the Secretariat on the 18th August 2003. 10. The Secretariat of the African Commission, by letter dated 19th September 2003, acknowledged receipt of the [Complainant]'s letters requesting some documents mentioned but which were absent from the file. 11. The Secretariat of the African Commission, by Note Verbale dated 24th September 2003 transmitted the Complain[an]t's submission and attachments to the Respondent State reminding it that the African Commission still awaited its submission. 12. The African Commission considered the case during its 34th Ordinary Session and deferred consideration on its admissibility to the 35th Session. During the meetings of the 34th Ordinary Session, the 1