local remedies, if any, unless it is clear that the procedure in respect of such remedies is unduly prolonged.10 30. The Court notes that the remedies to be exhausted are those of a judicial nature. These must be available to the Applicant without hindrance and be effective, in the sense that they are “capable of satisfying the complainant or of remedying the situation in question.”11 31. As regards the effectiveness of the remedies, the Court reiterates that it has consistently held that it is not sufficient for the applicant to cast doubt on the effectiveness of the State’s local remedies. Furthermore, it is for the Applicant to take all necessary steps to exhaust, or at least attempt to exhaust, local remedies.12 32. The Court further notes that the determination of whether local remedies have been exhausted is made on a case-by-case basis, having regard to the circumstances of each case. 33. The Court observes that the Respondent State’s Constitutional Court has jurisdiction to hear allegations of human rights violations.13 In this regard, 10 Ghaby Kodeih and Nabih Kodeih v. Republic of Benin, AfCHPR, Application No. 008/2020, Judgment of 23 June 2022 (jurisdiction and admissibility), § 49; Houngue Éric Noudehouenou v. Republic of Benin, AfCHPR, Application No. 032/2020, judgment of 22 September 2022 (jurisdiction and admissibility), § 38. 11 Beneficiaries of the late Norbert Zongo, Aboulaye Nikiema dit Ablassé, Ernest Zongo and Blaise Ilboudo and Mouvement Burkinabè des droits de l'homme et des peuples Burkina Faso, Judgment (5 December 2014) (merits)1 AfCLR 219, § 68 ; Konaté v. Burkina Faso (merits), § 108. 12 Peter Joseph Chacha v. United Republic of Tanzania (admissibility) (28 March 2014), 1 AfCLR 398, § 143; Diakité Couple v. Republic of Mali (jurisdiction and admissibility) (28 September 2017) 2 AfCLR 118; Komi Koutché v. Republic of Benin, AfCHPR, Application No. 020/2019, Judgment (admissibility) of 25 June 2021 § 92. 13 Article 114 of the Constitution of Benin stipulates that: “The Constitutional Court shall be the highest court of the State in constitutional matters. It shall be the judge of the constitutionality of laws and it shall guarantee the fundamental rights of the human person and public freedoms (…)” Under Article 122 of the Constitution: [“Any citizen may complain to the Constitutional Court about the constitutionality of laws, either directly or by raising before a court of law an objection of unconstitutionality with respect to a matter which concerns him”] Article 22 of Law no. 91-009 of 04 March 1991 on the Organic Law on the Constitutional Court, as amended by the Law of 31 May 2001, states: “Similarly, laws and regulatory acts alleged to infringe fundamental human rights and public freedoms, and in general the violation of human rights, may be referred to the Constitutional Court either by the President of the Republic or by any citizen, association or non-governmental organisation for the defence of human rights. See, in the same vein, Houngue Éric 10

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