take over the entire procedure on the facts related to the discovery of drugs in a container
at the Port of Cotonou and for which the Cotonou Maritime Gendarmerie Company had
initiated an investigation on 28 October 2016".
223 .
It is also apparent from the said office memorandum setting up the Joint Judicial
Commission of Inquiry that the latter comprised three (3) members of the Public
Prosecutor's Office, three (3) officers of the Gendarmerie, one of whom is an officer
of the maritime gendarmerie, and three (3) members of OCERTID, all falling under
the category of services entitled to conduct preliminary investigations as prescribed
by Articles 13 to 16 of the Benin Code of Criminal Procedure. In the instant case,
the intervention of the General Intelligence Services was limited to the alert issued
on 27 October 2016 to the Gendarmerie of the Autonomous Port of Cotonou
regarding the existence of drug in a container aboard the ship "MSC Sophie". As a
result, the Court does not find any form of discrimination or inequality before the
law at this level.
224 . With regard to the discriminatory nature of the law creating CRIET, more
particularly Article 12 thereof, the Court notes that the said text provides that: "the
decisions of the Investigating Commission" shall not be subject to ordinary appeal.
However, the judgment of discharge can be appealed before CRIET. Depending on the
case, the Court admits and determines the case or dismisses the appeal. "
225.
It is apparent from the above text that the law establishes, in the same
procedure , two completely different systems depending on whether the rights of
the prosecution or those of convicted persons are at issue. In this regard, the Court
notes that while the findings of the Public Prosecutor's Office indicting defendants
cannot be appealed, discharge decisions in favour of the person or persons
prosecuted are subject to appeal. Thus, the law visibly breaks the balance between
the parties to a trial and the equality of all before the law which, in this case ,
translates into the absence of equality of arms.
According to Article 10 of the law establishing CRIET, an Investigating Commission shall be set up,
composed of a President and two (02) magistrates with t
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33
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