authorities." It follows that the Constitutional Court also adjudicates human rights
violations.
101.
The Court notes that, with respect to the protection of human rights , the
Constitutional Court of Benin makes a determination, at first instance on alleged
violations of human rights, as guaranteed by the Constitution of Benin, the
Universal Declaration of Human Rights and the Charter!" . It further notes that the
Constitutional
Court
has
jurisdiction
to
adjudicate
applicants'
right
to
compensation".
102.
On the basis of this finding, the Court notes that the remedy before the
Constitutional Court of Benin is available.
103.
With regard to reparation for damages resulting from abusive judicial
proceedings provided in Article 206 of the Benin Code of Criminal Procedure, the
Court notes that it is open to any person who has been subject to police custody
or improper detention and whose proceedings have resulted in a decision of
dismissal, release or acquittal, to seek compensation for the damage caused by
the said proceedings. The recourse provided under Article 206 of the Benin Code
of Criminal Procedure is, in addition to the one before the Constitutional Court , an
internal remedy and is available to the Applicant.
104.
The Court notes , moreover, that for the purposes of appeal, the Applicant
submitted to the administrative courts issues concerning the withdrawal of customs
agency license and the closure of SOCOTRAC container terminal.
105.
The Court lastly notes that the Applicant also lodged cassation appeal against
CRIET's Judgment of 18 October 2018.
See Articles 7, 114 et 117 of the 11 December 1990 Constitution
Since 2002, the Constitutional Court no longer limited itself to noting violations of human rights, but
also pronounces on reparations as was the case in Decisions: DCC 02-052 of 31 May 2002 , Fanou
Laurent, Rec. ,2002,§217; Decision DCC 13-053 of 16/5/2013, Serge Prince Agbodjan. Decision DCC
/2004 o!)
Cotonou First Instance
02-058 of 4/6/2002 Favi Adele and Judgment No. 007/04
II
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