2.
The Application is filed against the Republic of Benin (hereinafter referred
to as “the Respondent State”), which became a party to the African Charter
on Human and Peoples’ Rights (hereinafter referred to as “the Charter”) on
21 October 1986 and to the Protocol to the African Charter on Human and
Peoples’ Rights on the establishment of an African Court on Human and
Peoples’ Rights (hereinafter referred to as “the Protocol”) on 22 August
2014. The Respondent State further deposited the Declaration provided for
in Article 34(6) of the said Protocol (hereinafter referred to as “the
Declaration”) on 8 February 2016, by virtue of which it accepted the
jurisdiction of the Court to receive Applications from individuals and NonGovernmental Organisations. On 25 March 2020, the Respondent State
deposited with the African Union Commission an instrument of withdrawal
of its Declaration. The Court has previously held that this withdrawal has no
bearing on pending cases and new cases filed before the withdrawal came
into effect one year after its deposit, in this case, on 26 March 2021.1
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the Application that, following the parliamentary elections
of 28 April 2019, protests took place in April and May 2019 within the
Respondent State. The Applicant submits that the security forces clamped
down on the demonstrations with their weapons and caused the death of at
least four (4) people.
4.
He avers that an investigation was subsequently opened in July 2019 before
the Investigating Judge of the 4th Investigating Chamber of the Cotonou
First-Class Court of First Instance for voluntary homicide, which resulted in
1 Houngue Eric Noudehouenou v. Republic of Benin, (2020) 4 AfCLR 701, §§ 4-5 and 29 July 2020
Corrigendum.
2