III.5- In support of his claims, he relied on the African Charter on Human
and Peoples' Rights, in its Articles 3 and 6, the International Covenant on
Civil and Political Rights, the Universal Declaration of Human Rights, the
Constitution of Benin, in its article 18, paragraph 4, of Law No. 91-009 of
31 May 2001 on the organic Law on the constitutional Court, Article 33;
III.6- He requested this Court to:
- Assume jurisdiction;
- Declare that his action is admissible;
- Declare that the Constitutional Court of Benin haven declared by
decision P-CC 10-140 dated 23 November 2010 that his custody
lasted from 11pm on 12 July 2010 to 16 July 2010, the retention
exerted on his person from 16 to 17 July 2010, by the Independent
Judicial Commission of Inquiry having arrested him, until the
issuance of a warrant by the Trial Judge against him without prior
decision of the Prosecutor General of the Supreme Court
constitutes an arbitrary arrest;
- Order, as a result of this evidence his immediate release;
- Find, that he claims the benefit of the provisions of Article 9.5 of the
International Covenant on Civil and Political Rights;
- Accordingly, order the Republic of Benin on this ground to pay him
for each day of arbitrary detention served from 12 July until the
actual date of release, an amount of money that this Court may wish
to specify;
- In addition, order the Republic of Benin to bear the costs;
III.7- The Republic of Benin, first in a preliminary objection, developed
the inadmissibility of the Application filed by Mr AMOUSSOU;
III.8- It stated that the applicant had filed an application before this Court
on 25 April 2012 at the Registry on 1 June 2012, that among the various
violations discussed therein are the arrest, custody and his detention in
jail all which he qualified as arbitrary, that this case registered as No.
ECW/CCJ/APP/07/12 has been tried and closed out by the judgment
delivered on 6 March 2014 which moreover is currently under appeal
first for failure to adjudicate and secondly an action for the
interpretation, that this judgment has acquired the definitive authority of
res judicata;
III.9- The defendant sought in his preliminary objection from this Court
to:
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