- Find that there is res judicata with respect to newly formulated
claims by the applicant;
- Accordingly declare the Application for sanction of arrest and
arbitrary detention dated 11 August 2014 inadmissible;
- Order the applicant to pay the costs;
III.10- While examining the merits, the Republic of Benin argued that Mr
AMOUSSOU Georges Constant was prosecuted and convicted in criminal
proceedings before the Judicial Chamber of the Supreme Court of Benin
to respond to scam complicity with public appeal for concealment, breach
of complicity in the regulation of mutual, cooperatives and credit
institutions, corruption, that after a regular custody from 12 to 16 July
2010 with an extension of 48 hours on 14 July 2010, he was presented to
the Attorney General at the Supreme Court on 17 July 2010, the latter
requested opening a criminal investigation against him in which Mr
AMOUSSOU was the subject of a warrant, that the applicant felt that it
seem to be a retention period from 16 July 2010 which would have been
declared date of termination of custody and 17 July 2010, the beginning
of the judicial investigation which is twenty-four (24) hours;
III.11- The defendant explained that this is in accordance with Article 51
of the Code of Criminal Procedure that Mr AMOUSSOU was presented to
the Attorney General at the Supreme Court of Benin on 17 July 2010, the
date when his warrant was served to him, that the procedure was in line
with the requirements of Article 51 of the former code of criminal
procedure in force during his arrest, that Mr AMOUSSOU has not been
subject to any arbitrary retention and that his arrest, police custody and
detention all have legal grounds as it had already being considered by this
Court in its judgment dated 6 March 2014;
III.12- In support of his claims, he relied on the Constitution of Benin, the
Code of Criminal Procedure and the Penal Code;
III.13- As to the merit, he requested the Court to:
- Reject outright any assumptions, purposes and conclusions of the
applicant as unfounded;
- Order the applicant to pay the costs.
IV- MOTIVATION
As to the motion for expedited procedure:
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