Peoples’ Rights on the Establishment of an African Court on Human and
Peoples’ Rights (hereinafter referred to as “the Protocol”) on 22 August
2014. On 8 February 2016, the Respondent State deposited the
Declaration provided for in Article 34(6) of the Protocol (hereinafter referred
to as “the Declaration”) by virtue of which it accepted the jurisdiction of the
Court to receive applications from individuals and Non-Governmental
Organizations. On 25 March 2020, the Respondent State deposited with
the African Union Commission the instrument of withdrawal of the said
Declaration. The Court has ruled that the withdrawal has no bearing on
pending cases or on new cases filed before the entry into force of the
withdrawal, one (1) year after the deposit, in this case, on 26 March 2021.1
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the Application that Mr Assouma MAMA SEÏDOU, the
Applicant���s father, decided to join the peaceful demonstration that took
place in Cotonou on 1 May 2019 at the home of Thomas Boni Yayi, former
President of the Republic, to prevent the arrest of the latter by the security
forces. The Applicant avers that her father was fatally shot by security
forces, and his lifeless body deposited the next day in the mortuary of the
Centre national hospitalier universitaire of Cotonou (CNHU-Cotonou)
before being returned to his family without any death certificate.
4.
The Applicant further avers that neither the Government nor the Public
Prosecutor made a statement on the circumstances that led to the death of
her father and other persons who were “shot” during the events. She also
states that no criminal proceedings have been instituted against the
perpetrators of the shootings.
1 Houngue
Eric Noudehouenou v. Republic of Benin, ACtHPR, Application No. 003/2020, Order
(provisional measures), 5 May 2020, §§ 4 and 5 and Corrigendum of 29 July 2020.
2