IV.10- Article 35 of the Rules of the Community Court of Justice indicates
the time the defendant is to present his defence, the contents of defence
and the ability to extend the submission deadline;
The applicant criticized the defendant for not having presented its
defence brief on time and not having received an extension;
The analysis of documents filed shows that the application, and that for
expedited procedure were served to the defendant on 26 September
2014 and that the latter did not find it necessary to reply until 4
December 2014;
It appears that the statements by the Republic of Benin were not filed
within the periods prescribed by the Rules;
But respect for the adversarial principle requires the other party to be
heard;
Then, it is obvious that the late filing of the defendant’s statements did
not cause any damage to the applicant in that his case was examined
within a reasonable time;
For all these reasons, it is not appropriate to grant the motion of Mr
AMOUSSOU tending to move for the foreclosure of the statement filed by
the Republic of Benin;
- As to the application of Mr AMOUSSOU
IV.11- Mr AMOUSSOU Georges Constant came before this Court with an
application primarily to hold that the retention exerted on his person
from 16 to 17 July 2010 by the Independent Judicial Commission of
Inquiry constitutes an arbitrary arrest and order accordingly his release;
IV.12- The Republic of Benin rejected the application by relying on the
authority of res judicata;
IV.13- The Republic of Benin argued that the complaints made by Mr
AMOUSSOU against the judgment of 6 March 2014 to find out the
inaccuracies and failure to adjudicate should have made him to exercise
the remedies allowed by the Rules of Court, that the judgment not been
the subject by the parties for appropriate remedy, it has acquired the
authority of res judicata;
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