election protests of April 2019. In the instant case, these two elements are
indissociable from each other since the Amnesty Law relates to offences
committed “during the process of the legislative elections of 28 April 2019”.
This is borne out by the simultaneous examination made by the Court in Sébastien Ajavon v. Benin in relation to violations of the right to life20 and
the right to dignity,21 on the one hand, and of the right to a fair trial22 on the
other.
75. The Court notes, as regards the action before the Constitutional Court, that
it emerges from Article 114 of the Respondent State’s Constitution that the
Constitutional Court is the judge of the constitutionality of laws and
guarantees fundamental human rights and public liberty. The Court notes
that this is a general provision to which Article 122 of the Constitution of the
Respondent State23 gives effect.
76. With regard to the Applicant’s argument that he did not need to seize the
Constitutional Court since it had already declared the Amnesty Law to be
compliant with the Constitution, the Court underscores that the review a
priori carried out by the Constitutional Court before the law was
promulgated, at the request of the President of the National Assembly, 24 is
a review in abstracto.
77. The Court has consistently held that this review, which is undertaken prior
to laws being promulgated, does not bar citizens from subsequently seizing
the Constitutional Court to challenge the constitutionality of the laws in
question,25 including assessing compliance of the said laws with human
rights, the rights and duties enshrined in the Charter, which have been fully
20 Sébastien Marie Aikoué Ajavon, 4 December 2020, supra, §§ 161-174.
21 Ibid, §§ 161 to 174.
22 Ibid, §§ 227 to 239.
23 Article 122 stipulates that: “Any citizen may petition the Constitutional Court on the constitutionality of
laws (…) directly”.
24 Article 121 of the Constitution.
25 Glory Cyriaque Houssou v. Republic of Benin, AfCHPR, Application No. 012/2018, Judgment of 13
November 2024 (merits and reparation), § 43.
19