41. The Court observes that it is not sufficient for an Applicant to simply question the availability or effectiveness of local remedies. Rather, an Applicant should take all necessary steps to exhaust or, at least, to attempt to exhaust local remedies.9 42. The Court notes that, under the laws of the Respondent State, the Applicant is entitled to bring a civil action before the judicial authorities or a criminal action before the courts10 and may, alternatively, pursue two remedies in relation to the “murder” of her father. 43. Firstly, she could, pursuant to Article 38 of the Code of Criminal Procedure (CCP), 11 lodge a complaint with the relevant Public Prosecutor with territorial jurisdiction, who will determine what further action to take. Secondly, under Article 90 of the Code of Criminal Procedure,12 she could file a civil suit before the president of the court with territorial jurisdiction, who would immediately refer the matter to an Investigating Judge. 44. The Court underscores that, in any event, if the Applicant considers that fundamental rights have been violated, she could have seized the Constitutional Court of the Respondent State to raise the grievances that she raises before this Court. Indeed, it emerges from Articles 11413 and 12014 of the Constitution that the Constitutional Court “shall guarantee the 9Houngue Eric Noudehouenou v. Republic of Benin, ACtHPR, Application No. 032/2020, Judgment of 22 September 2022 (jurisdiction and admissibility) §40. 10 Article 2 of the Code of Criminal Procedure of Benin provides as follows: “Civil action for compensation for damage caused by a crime, misdemeanour or contravention shall be open to all those who have personally suffered damage directly caused by the offence”. Article 4(3) of the CCP provides that: "Civil action shall be admissible for all types of damages, be they material, bodily or moral, relating to the acts which are the subject of the proceedings." 11 Article 38 of the Code of Criminal Procedure provides that: “The Public Prosecutor shall receive complaints and denunciations and decide on the course of action to be taken”. 12 Article 90 of the Code of Criminal Procedure provides that: “Any person who claims to have been wronged by a felony or misdemeanour may lodge a civil action with the president of the court, who shall immediately refer the matter to the investigating judge.” 13 “The Constitutional Court shall be the highest jurisdiction of the State in constitutional matters. It shall be the judge of the constitutionality of the law and shall guarantee the fundamental human rights and public liberties. It shall be the regulatory body for the functioning of institutions and the activity of public authorities.” 14 “The Constitutional Court must rule within a period of fifteen days after it has been seized of a legal instrument or of a complaint of the violation of human rights and of public liberties.” 12