32. As regards the requirement of exhaustion of local remedies, the Applicants
concede that they did not file any appeal before the Constitutional Court.
However, they submit that they seek to be exempted on account of the habitual
delays in proceedings before the said Court, as well as the lack of impartiality
and independence on the part of its judges.
33. The Respondent State made no submission on this issue.
***
34. The Court recalls that in accordance with Article 56(5) of the Charter and Rule
50(2)(e) of the Rules, Applications must be filed after exhaustion of local
remedies, if any, unless it is obvious that the procedure relating to this remedy
is unduly prolonged.
35. The Court notes that the local remedies to be exhausted are of a judicial
nature. They must be available, should be capable of being exercised by the
Applicant without hindrance, and must be effective, in the sense that they are
“able to give satisfaction to the Applicant or are of such a nature as to remedy
the disputed situation”.4 The Court will examine whether these requirements
are met in the present case, bearing in mind these principles.
36. The Court observes, in the instant Application, that in accordance with the
provisions of the Respondent State’s Constitution and the Organic Law on the
Constitutional Court, the Constitutional Court has jurisdiction to hear
allegations of human rights violation.5 The Court recalls, in line with its
Beneficiaries of the late Norbert Zongo, Aboulaye Nikiema alias Ablassé, Ernest Zongo and Blaise Ilboudo
and Burkinabè Movement for Human and Peoples' Rights v. Burkina Faso (merits) (5 December 2014), 1
AfCLR 219, § 68; Konaté v. Burkina Faso (merits), supra, §108.
5 Article 117 of the Benin Constitution states: “The Constitutional Court is the highest court of the State in
constitutional matters. It rules on the constitutionality of the law and guarantees fundamental human rights
and public freedoms (…)”; Article 122 of the Constitution provides that: “Any citizen may complain to the
Constitutional Court about the constitutionality of laws either directly or through the unconstitutionality
objection procedure invoked in a matter which concerns him before a court of law”.
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