2. The Application is filed against the Republic of Benin (hereinafter “the Respondent State”), which became a Party to the African Charter on Human and Peoples’ Rights (hereinafter “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 “the Protocol”) on 22 August 2014. On 8 February 2016, the Respondent State also deposited the Declaration provided for in Article 34(6) of the said Protocol (hereinafter referred to as “the Declaration”) by virtue of which it accepted the jurisdiction of the Court to receive applications from individuals and Non-Governmental Organisations. On 25 March 2020, the Respondent State deposited with the African Union Commission the instrument of withdrawal of the said Declaration. The Court has ruled that this withdrawal has no effect on pending cases and on new cases brought before it before the withdrawal takes effect one year after the deposit of the instrument relating thereto, in this case, on 26 March 2021.2 II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. It emerges from the Application that Article 3 of the Order of 22 July 2019, prohibits the issuance of official documents to persons wanted by the Respondent State’s courts.3 Some of these official documents are listed under Article 4 of the said Order.4 2 Houngue Éric Noudehouenou v. Republic of Benin, (2020) 4 AfCLR 701, §§ 4-5 and Corrigendum of 29 July 2020. 3 Article 2 of the Order of 22 July 2019 provides: “A person sought by the justice system is any person whose appearance, hearing or questioning is required by the needs of a criminal investigation, preparatory investigation, trial proceedings or who is the subject of an enforceable conviction decision and who fails to comply with the Authority's summons and injunction”. 4 Article 4 of the Order of 22 July 2019 provides: “The following are considered to be official documents: extracts from civil status certificates, birth certificates, national identity cards, passports, laissez-passer, safe-conduct cards, residence permits, consular cards, bulletin number 3 of the criminal record, residence certificates or attestations, certificates of living and working conditions, attestations or certificates of possession, driving licences, electoral cards and tax receipts. The above list is not exhaustive”. 2

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