adopted into the Constitution of the Respondent State.26 Such a remedy is
expressly provided for by Article 122 of the Respondent State’s Constitution
and Article 24 of the Organic Law on the Constitutional Court.27
78. The Court notes, moreover, that before the Constitutional Court of the
Respondent State, the Applicant does not need to show any interest in
bringing proceedings.28 It follows that there was nothing to prevent the
Applicant from bringing the case before the Constitutional Court for human
rights violations on account of the Amnesty Law. From this point of view, an
action before the Constitutional Court is an available remedy.
79. With regard to the effectiveness of the remedy, the Court reiterates its
established jurisprudence, as set out in paragraph 72 of this judgment. It
also recalls that it has consistently held that an appeal to the Respondent
State’s Constitutional Court is an effective and satisfactory remedy.29
80. In the light of the foregoing, the Court emphasises that the Applicant should
have brought an action before the Constitutional Court. It follows that he did
not exhaust local remedies.
81. Having found that the Applicant did not exhaust local remedies, the Court
decides that it is not necessary to examine the remedies supposedly
provided for in Articles 4 and 5 of the Criminal Procedure Code.
26 Article 7 of the Respondent State’s Constitution provides: “The rights and duties proclaimed and
guaranteed by the African Charter on Human and Peoples’ Rights adopted in 1981 by the Organisation
of African Unity and ratified by Benin on 20 January 1986 are an integral part of the [...] Constitution and
of Beninese law”.
27 The law in question is Law 91-009 of 4 March 1991 on the Constitutional Court, as amended by the
Law of 31 May 2001. Article 24 of this Law states that: “Any citizen may, by sending a letter containing
his or her full name and exact address, appeal directly to the Constitutional Court on the constitutionality
of laws. They may also, in a matter that concerns them, raise an objection of unconstitutionality before
a court. The latter, following the procedure for raising an objection of unconstitutionality, must refer the
matter to the Constitutional Court immediately and, at the latest, within eight days, and suspend
proceedings until the Court’s decision.
28 See report of the Constitutional Court of Benin, 2000, p. 62.
29 Laurent Métongnon and Others v. Republic of Benin, AfCHPR, Application No. 031/2018, Judgement
of 24 March 2022, § 63.
20