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
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