004060
214 .
In the instant case, the lack or absence of possibility of an appropriate review
of the conviction or sentence pronounced by CRIET is contrary to the right
guaranteed under Article 14(5) of ICCPR.
215.
From the foregoing, the Court finds that, the provisions of Article 19(2) of the
Law establishing CRIET constitute a violation by the Respondent State of the
Applicant's right to have his conviction and sentence reviewed by a higher court.
B. Alleged violation of the right to equal protection of the law, equality
before the law and the right to non-discrimination
216.
The Applicant submits that the services that alerted the Gendarmerie of the
Autonomous Port of Cotonou to the discovery of cocaine in the container belonging
to him were those of General Intelligence acting outside their area of competence.
According to him, only the agents of the Central Office for the Suppression of the
Illegal Traffic of Drugs and Precursors in Benin (OGERT/D) were empowered to
take appropriate action in such circumstances, which was not the case in the
domestic proceedings instituted against him whereby the General Intelligence
Service substituted itself for the Narcotics and Drugs Police Service.
217 .
The Applicant infers that by not placing the investigation within the ambit of the
offices of OCERTID , he has been treated differently from other litigants in the same
situation; and this for him represents a violation of his right to equal protection of
the law and to non-discrimination.
218.
In his pleadings dated 27 December 2018 received at the Registry on 14
January 2019, the Applicant also argued that the law creating CRIET , particularly
Article 12 thereof establishes an unequal and discriminatory system between the
litigants of the same country by granting to certain persons referred to it the rights
which it does not recognize for others . The Applicant submits that this provision
violates Articles 3 of the Charter and 26 of ICCPR, and prays the Court to order
the Respondent State to suspend the Application of the law until it is amended for
compliance with the international instruments to which the Respondent State is a
party.
I