147. The Applicant finally submits that the election of Mr. Patrice Talon as
President of the Respondent State in 2021 constitutes an unconstitutional
change of government by virtue of the composition of the Conseil
d’orientation et supervision de la liste électorale permanente informatisée
(COS-LEPI), the body in charge of compiling the electoral register, given
that this Court had ordered the reconstitution of the said body before the
holding of any election.
148. Finally, the Applicant asserts that despite the decisions of the Court ordering
the Respondent State to repeal the provisions resulting from the
constitutional amendment and the Electoral Code, the Constitutional Court
of the Respondent State, by Decision DCC 21-011, Decision DC 21-008,
and Decision DCC 21-010 of 7 January 2021, rejected requests by citizens
of the Respondent State to that effect.
149. He concludes that the Respondent State violated Articles 19(2) and 25(b)
of the ICCPR, Article 13(1) of the Charter, Articles 3(10)(11) and 23(5) of the
ACDEG and Article 1(i) of the ECOWAS Protocol.
150. The Respondent State did not submit on this allegation.
***
151. The Court has already ruled40 that the constitutional amendment of 7
November 2019 violates Articles 9(1), 22(1) and 23(1) of the Charter and
Article 10(2) of the ACDEG and ordered its repeal as well as that of
subsequent laws including the Electoral Code of 15 November 2019.
Houngue Éric Noudehouenou v. Republic of Benin, ACtHPR, Application No. 003/2020, Judgment of
04 December 2020 (Merits and reparations), §§ 66 and 77- 79, 123(xii), XYZ v. Republic of Benin,
ACtHPR, Application No. 059/2019, Judgment of 27 November 2020 (merits and reparations), §§ 124125, 179(xii).
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