fundamental rights of the human person” and may, in this regard, be seized
by any person “of a complaint relating to violation of human rights and public
liberties”.
45. The Court has consistently held that this remedy before the Constitutional
Court of the Respondent State is available and effective, insofar as
Beninese citizens can pursue it without hindrance, and that the decisions
of the Constitutional Court “are binding on the public authorities and on all
civil, military and judicial authorities”.15
46. The Court notes that the Applicant acknowledges that she did not pursue
any local remedies. She justifies her failure to do so, on the one hand, by
their inaccessibility due to the threats and intimidation against her and, on
the other, by their ineffectiveness since the Respondent State did not
initiate any investigations or proceedings against the perpetrators of the
deadly shootings.
47. Regarding the claim that local remedies were inaccessible, the Court notes
that the Applicant has not adduced any evidence of threats or intimidation
targeting her specifically and which prevented her from pursuing local
remedies. The Court also notes that nothing prevented the Applicant from
hiring a lawyer to pursue the available remedies as she has done before
this Court.
48. Regarding the argument that local remedies were ineffective owing to the
Respondent State’s failure to prosecute the perpetrators of the shootings,
the Court notes that the Applicant is simply casting aspersions on the
effectiveness of the remedy and adduces no evidence to substantiate her
15
Laurent Mentegnon and others v. Republic of Benin, ACtHPR, Application No. 031/2018, Judgment
(jurisdiction and admissibility), 24 March 2022, § 63.
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