decision may still be appealed. As such, the persons concerned are
presumed innocent until decisions rendered against them become final.
66. The Court notes in the present case, that the refusal to issue official
documents arising from the Order of 22 July 2019, is in fact a measure of
compulsion taken against a wanted person in Order to compel them to
comply with court summons.
67. The Court noted that by this Order, whose citations are unrelated to judicial
matters,20 the Ministers of Justice and Interior, who belong to the executive
branch, are encroaching on powers that are the preserve of the judicial
branch.21/22 Indeed, according to paragraph iii (3) of the preamble of the
20
The citations of the Order are as follows: Law No. 90-32 of 11 December 1990 on the Constitution of
the Republic of Benin; the proclamation, on March 30, 2016, by the Constitutional Court of the final
results of the presidential election of 20 March 2016; Decree 2018-198 of 5 June 2018, on the
composition of the Government; Decree No. 425 of 20 July 2016, on the attribution, organization and
functioning of the Ministry of Justice and Legislation; In view of Decree No. 2016 - 416 of 20 July 2016,
on the attribution, organization and functioning of the Ministry of the Interior and Public Security; In view
of the needs of the service.
21 Decree No. 425 of 20 July 2016 on the attributions, organization and functioning of the Ministry of
Justice and Legislation, Article 3 “The mission of the Ministry of Justice and Legislation is to propose,
implement, conduct, monitor and evaluate the State’s policy in the areas of the administration of justice,
prison services, supervised education, legislation and human rights, and the promotion of a dynamic
strengthening of relations between the government, republican institutions and civil society
organizations. In this respect, it is responsible for : - contributing to the promotion of respect for the
independence of the judiciary and the consolidation of the rule of law; - organizing the proper functioning
of the judiciary, penitentiary institutions and supervised education establishments; - monitoring the
consistency of the legality and application of all texts containing provisions on criminal, civil,
administrative and accounting matters; - ensuring the judicial protection of children; monitoring the reeducation of minors and adolescents in conflict with the law or in moral danger; without prejudice to the
powers of the Judicial Agent of the Treasury, to give legal advice on any action that the State wishes to
bring before the judicial and administrative courts, as well as on the defence that the State may bring
before the same courts; to investigate and follow up on appeals for pardon, amnesty, and applications
for parole and rehabilitation; to advise the State on legal matters; - to organize and supervise the
exercise of jurisdictional functions; participate in the control and monitoring of websites and all means
of information and communication technology; ensure compliance with the regulations on freedom of
the press; - design, lead and coordinate all government activities aimed at promoting, protecting and
defending human rights to establish and implement mechanisms for the protection and defence of
individual and collective freedoms; to implement international conventions on mutual legal assistance; to ensure the promotion and facilitation of relations with civil society organizations; to ensure, in
collaboration with the structures concerned, the follow-up of the cooperation of Benin's technical and
financial partners with civil society organizations; to manage the government's relations with
constitutional institutions and non-State organizations”.
22 Decree No. 416 of 20 July 2016 on the attributions, organization and functioning of the Ministry of the
Interior and Public Security, Article 3: “The mission of the Ministry of the Interior and Public Security is
the definition, implementation and monitoring-evaluation of State policy on security, counter-terrorism,
civil protection, preservation of public freedoms and participation of citizens in ensuring the of security
property and persons throughout the national territory. As such, it is responsible for : - ensuring public
Order, in particular the internal and external security of the State; - taking all measures to ensure the
prevention, investigation and repression of all acts likely to disturb public Order; - managing migration
17