IV.14- Mr AMOUSSOU argued that no authority of res judicata can at this
stage of the proceedings be recognized in this case because of the obvious
inaccuracies in it and the failure to adjudicate on arguments of public
order;
IV.15- According to Mr AMOUSSOU in his own application, this Court has
delivered a judgment on 6 March 2014 against the Republic of Benin;
IV.16- It therefore appears from the foregoing that Mr AMOUSSOU sued
the Republic of Benin to this Court to hear judgment on the arbitrary
nature of his arrest, police custody and detention, that after this
procedure, the Court issued on 6 March 2014 the judgment that is as
follows:
“Ruling publicly, contradictorily, in area of human rights and as last
resort;
As to the form:
- Find that the Court has jurisdiction to entertain the application for
violation of human rights presented by Mr Constant AMOUSSOU
against the Republic of Benin, said accordingly admits the
application.
As to the merit:
- Notes that the Republic of Benin has not violated any human right
to the detriment of Mr Constant AMOUSSOU.
- Consequently rejects all claims by the Applicant Constant
AMOUSSOU.
- Leave the costs for each party to bear”;
IV.17- In paragraphs 41 and 44 of it’s reasoning, the Court finds that
neither the applicant's arrest or detention are arbitrary;
IV.18- It is easy to see that this judgment was delivered between the
same parties namely Mr Constant AMOUSSOU and the Republic of Benin,
was on the same cause that is to say the ICC-Services and has the same
subject in particular the arrest, custody and detention of the applicant;
IV.19- The claims of the applicant in this procedure are not new to the
Court;
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