38. The Court recalls, in line with its established jurisprudence, that the local
remedies to be exhausted must be available, effective and satisfactory.
Moreover, the mere fact that a remedy exists does not satisfy the rule of
exhaustion of remedies, since an applicant is only required to exhaust a
remedy insofar as it offers prospects of success.11
39. The Court notes that the Constitutional Court of the Respondent State has
jurisdiction to hear allegations of human rights violations.12 In line with its
jurisprudence, the Court recalls that the remedy before the Respondent
State’s Constitutional Court is an available, effective and satisfactory
remedy.13
40. The Court also notes that, in accordance with Article 124 paragraphs 1 and
314 of the Constitution of the Respondent State (hereinafter referred to as
“the Constitution”), the decisions of the Constitutional Court are not subject
to appeal. They are binding on all civil, military and judicial authorities.
41. The Court emphasizes, with regard to the specific court system of the
Respondent State, that when an applicant has several parallel remedies at
his disposal, including filing an application to the Constitutional Court, he is
entitled to make a choice. However, when he chooses the avenue of filing
11
Beneficiaries of late Norbert Zongo, Abdoulaye Nikiema alias Ablasse, Ernest Zongo, Blaise Ilboudo
and Mouvement Burkinabé des Droits de l’Homme et des Peuples v. Burkina Faso (merits) (28 March
2014) 1 AfCLR 219 § 68; Lohé Issa Konaté v. Burkina Faso (merits) 1 AfCLR 324, §§ 92 and 108;
Sébastien Germain Marie Akoué Ajavon v. Republic of Benin (merits and reparations) (4 December
2020) 4 AfCLR 133, § 99.
12 Article 114 of the Beninese Constitution states: “The Constitutional Court is the highest jurisdiction of
the State in constitutional matters. It is the judge of the constitutionality of the law and guarantees
fundamental human rights and public freedoms (…)”; Article 122 of the Constitution states: “Any citizen
may refer to the Constitutional Court the constitutionality of laws, either directly or by the procedure of
the objection based on constitutionality raised in a case which concerns them before a court”.
Article 22. Law No. 91-009 of March 4, 1991, amended by the law of May 31, 2001 provides: “Likewise,
laws and regulatory acts alleged to infringe on fundamental human rights and public freedoms, and in
general, on the violation of human rights, shall be referred to the Constitutional Court, either by the
President of the Republic or by any citizen, association or non-governmental organization for the
defence of human rights”. See, in the same vein, Houngue Eric Noudehouenou v. Republic of Benin,
ACtHPR, Application No. 028/2020, Judgment of 1 December 2022 (merits and reparations), § 50.
13 Laurent Mètognon and Others v. Republic of Benin, ACtHPR, Application No. 031/2018, Judgment of
24 March 2022, § 63.
14 Article 124 paragraphs 1 and 2 of the Constitution: “…The decisions of the Constitutional Court are
not subject to any appeal.
They are binding on public authorities and on all civil, military and jurisdictional authorities”.
11