31. The Respondent State further submits that nothing prevents the Applicant
from bringing an action for liability before the administrative or judicial
courts, if he considers that the judicial service malfunctioned to his
detriment.
32. Lastly, the Respondent State submits that up to the time of filing the present
Application, the Applicant had not made any request for parole, pardon or
amnesty.
33. In reply, the Applicant submits that the objection should be dismissed. In
support, he argues that in the judicial system of the Respondent State, the
cassation appeal is not an effective remedy. He further submits that a period
of approximately five years elapsed between the filing of his cassation
appeal and the filing of the present Application, which is unduly long.
34. He further points out that the rule of exhaustion of local remedies is subject
to very broad interpretation. In this regard, he cites the case of De Wilde,
Ooms and Versyp v. Belgium, in which the European Court of Human Rights
decided on 18 June 1971 that “there is nothing to prevent States from
waiving the benefit of the rule of exhaustion of domestic remedies”.
***
35. The Court notes that, in accordance with Article 56(5) of the Charter and
Rule 50(2) (e) of the Rules, applications must be filed after exhaustion of
local remedies if any, unless it is clear that the proceedings in respect of
such remedies are unduly prolonged.5
36. The Court underscores that the local remedies to be exhausted are ordinary
judicial remedies. These must be available, that is, they can be used without
hindrance by the Applicant, effective and sufficient, in the sense that they
5
Ghaby Kodeih and Nabih Kodeih Republic of Benin, ACtHPR, Application No. 008/2020, Judgment of
23 June 2022 (jurisdiction and admissibility), § 49; Houngue Éric Noudehouenou v. Republic of Benin,
ACtHPR, Application No. 032/2020, Judgment of 22 September 2022 (jurisdiction and admissibility), §
38.
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