004 085 95.ln view of the above observations, the Applicant prays the Court to take into consideration the unavailability, ineffectiveness and the unsatisfactory nature of the remedies that he is supposed to have exhausted and declare his Application admissible. *** 96. The Court notes that, in the instant case , the Respondent State alleges the existence of several remedies, some of which he contends the Applicant has not exhausted, and others that have been requested in the course of the procedure. 97. The Court notes that it has always insisted that in order for the rule of exhaustion of remedies to be fulfilled, the remedies which have to be exhausted must be ordinary judicial remedies!" . 98. The Court recalls that exhaustion of local remedies means that the case which the Applicant wishes to bring before the international court has been brought, at least in substance, before the national courts, where such courts exist, and the remedies are sufficient, accessible and effective. 99. The Court, therefore, is seeking to establish whether, at national level, the remedies available before the Constitutional Court, those provided under Article 206 of the Benin Code of Criminal Procedure, those before the administrative courts and the cassation appeal, exist and are available . 1. On the existence and availability of local remedies 100. In terms of Article 114 of the Benin Constitution of 11 December 1990, "The Constitutional Court is the highest court of the State in constitutional matters . It shall rule on the constitutionality of laws and shall guarantee basic human rights and fundamental freedoms. It is the regulatory body for the functioning of institutions and the action of public Application No. 005/2013. Judgment of 20/11/2015, Merits, A/ex Thomas v. United Republic of Tanzania (herein-after referred to as "A/ex Thomas v. United Republic of Tanzania " Judgment, Merits), § 64 10 I »: ~. ~3

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