2.
The Application is filed against the Republic of Benin (hereinafter referred
to as “the Respondent State”), which became a party to the African Charter
on Human and Peoples’ Rights (hereinafter referred to as “the Charter”) on
21 October 1986 and to the Protocol to the African Charter on Human and
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 also deposited the
Declaration provided for in Article 34(6) of the said Protocol (hereinafter
referred to as “the Declaration”) by virtue of which it accepts the jurisdiction
of the Court to receive applications from individuals and Non-Governmental
Organisations. On 25 March 2020, the Respondent State deposited with the
African Union Commission (hereinafter referred to as “the AU Commission”)
the instrument of withdrawal of the said Declaration. The Court has held that
this withdrawal has no bearing on pending cases and new cases filed before
the withdrawal came into effect one year after the date of its deposit with
the AU Commission, that is, on 26 March 2021.2
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the Application that on 22 July 2019, the Minister of Justice
and Legislation and the Minister of the Interior and Public Security of the
Respondent State issued an inter-ministerial Order (hereinafter referred to
as “the Order of 22 July 2019”), Article 3 of which prohibits the issuance of
official documents, including some of the documents listed in Article 4 of the
said Order,3 to persons wanted by the Beninese judicial authorities.4
2
Houngue Éric Noudehouenou v. Republic of Benin, ACtHPR, Application No. 003/2020, Order of 5
May 2020 (provisional measures), §§ 4-5 and corrigendum of 29 July 2020.
3 Pursuant to Article 4 of the Order of 22 July 2019, “The following are considered as official documents:
Extracts from civil status documents, birth certificates, national identity cards, passports, laissez-passer,
safe conduct, residence permits, consular cards, criminal record number 3, certificate of residence,
certificate of living and expenses, attestation or certificate of state possession, driving licence, voter’s
card, tax receipt. The above list of documents is not exhaustive.”
4 Pursuant to Article 2 of the Order of 22 July 2019, “A person wanted by the judicial authorities is any
person whose appearance, hearing or interrogation is required for the purposes of a criminal
2