274.
He contends that the dysfunction and the numerous irregularities that have
marked the investigation represent proof that his country's justice system is being
exploited and that he has quite simply become a most welcome target.
275.
The Applicant asserts that the Head of State himself perpetrated the confusion
between his prerogatives and those of the judicial authorities by meddling in the
procedure which, in the final analysis, was nothing but a mockery of a trial having
resulted in a judgment of acquittal. Buttressing his allegations, the Applicant cited
the terms of a press release issued on 4 May 2018 by Benin's main union of
magistrates denouncing "the strangle-hold or the 'takeover'" of the judiciary by the
executive .
276.
The Applicant further submits that after the adoption of the law establishing
CRIET, the Minister of Justice and Legislation and the Officer for Special Duties in
the Office of the President of the Republic, at a press conference on 2 October
2018, and on AFRICA 24 television channels , respectively, affirmed that CRIET
had jurisdiction to hear the "Ajavon case".
*
277.
Refuting the Applicant's allegations insinuating that the Head of State was
involved in the proceedings against him, the Respondent State submits that
the
judiciary in Benin is independent and that the Applicant's comments calling to
question the independence of the judiciary and insinuating an alleged interference
by the Head of State in the said case constitutes an insult against the Head of State
and casts a slur on Benin judiciary.
278 .
The Respondent State also submits that Mr. Edouard LOKO did not intervene
in AFRICA 24 in his capacity as the Officer for Special Duties in the Office of the
President of the Republic, but rather as an ordinary citizen of Benin. It further stated
that the same is true of the Minister of Justice who, as a lawyer, took the pains to
make clear that Benin has "sovereign judges who had the freedom to interpret the law."
I