79. It contends that the Applicant should have seized the Constitutional Court which is empowered by the Benin Constitution to hear all allegations of human rights violation. It affirms that for having ignored this effective and available procedure under Benin law, the Applicant has not exhausted the local remedies, pursuant to the provisions of the Charter. 80. The Respondent State further contends that regarding reparation of damages resulting from an abusive judicial procedure, the Applicant could have exercised the remedy provided under Article 206 of the Benin Code of Criminal Procedure". 81.lt also submits that the violations alleged by the Applicant before this Court , notably, the right to presumption of innocence, the right to fair trial and the right to freedom, could have been redressed in domestic Courts pursuant to the abovementioned Article 206 if the Applicant claims that the said violations occurred subsequent to the judicial proceedings which resulted in the Judgment of 4 November 2016. For the Respondent State , in so far as the Applicant has not made use of the remedy provided under Article 206 of the Benin Code of Criminal Procedure before bringing the case before this Court, his complaint must be dismissed for failure to exhaust the local remedies . 82.lt further contends that the Judgment rendered on 4 November 2016 is undergoing an appeal lodged by the Attorney General, pursuant to Article 518 of the Benin Code of Criminal Procedure . 83. The Respondent State submits that the matter of suspected drug trafficking has not been definitively determined through a final or irrevocable judgment since it has been invoked before CRIET leading to a judgment on 18 October 2018. It argues that Counsel for the Applicant having lodged cassation appeal against the Judgment of CRIET , local remedies have not been exhausted. Article 206 of the Benin Code of Criminal Procedure provides that: "Any person who had been remanded in custody or any abusive detention may, when the Judgment ends in dismissal , release or discharge or acquittal which constitutes res judicata obtain compensation if he proves that as a result of the detention or the remand in custody, he suffered particularly serious current damages". 9 m/J /l I ~h Y / /' LJ)/, -2 ~ ,