the law on CRIET, 189, 190, 428, and 594 of the Beninese Code
of Criminal Procedure which were challenged in Application No.
004/2020 for violation of Article 14 § 1, § 3 and § 5 of the
International Covenant on Civil and Political Rights (hereinafter
referred to as “ICCPR”) committed against him?
ii) If the answer to this question is in the affirmative, how would such
a cassation appeal be satisfactory if the Court of Cassation were
to issue a ruling contrary to the application of the above provisions
insofar as, on the one hand, the said provisions have already been
declared to be constitutional and, on the other hand, Decision
DCC 09-087 of 13 August 2009 of the Constitutional Court and
Article 124 of the Constitution give precedence to the decisions of
the said Court over those of all other courts of the Respondent
State in respect of human rights matters?
iii) In dismissing the main Application, is the Court requesting the
Respondent State to deprive him of his liberty in violation of
Articles 9, 12, 14 (1) and (5) of the ICCPR in order for him to be
deemed to have exhausted local remedies, or is the Court simply
requesting him to await the outcome of the cassation appeal, and
if so, must he wait indefinitely for the ruling given that the Court
has not set any time limit?
iv) Since the Court requests him to await the outcome of proceedings
in which the Respondent State is not disclosing the particulars of
the proceedings record, is the Court requesting him to wait
indefinitely while these impediments to the rights to be availed
evidence persist without any real outcome?
v) Should he interpret paragraph 60 of the Ruling as the Court
requesting him to file pleadings before the Court of Cassation
without having received the case file, whereas in this case, the
substantive issue of the domestic proceedings revolves around
3