Respondent State delivered its submission on the admissibility of the communication to the Secretariat of the African Commission. 13. The Secretariat of the African Commission, by Note Verbale and letter dated 15th December 2003 informed the Parties of developments on the file, forwarding to the Complainant a copy of the Respondent State's statement of case. 14. The Respondent State was also notified that its delegation to the 34th Session had pledged to provide the African Commission with copies of the Constitution and the Criminal [P]rocedure Code of Benin. 15. Following a reminder by Note Verbale dated 5th March 2004, the Ministry of Foreign Affairs of the Republic of the Benin forwarded the above-mentioned documents under cover of a letter dated 19th March 2004 to the Secretariat of the African Commission. 16. The Secretariat of the [African] Commission, by letter dated 12th May 2004 also reminded it to forward its response to the Complainant. 17. During the 35th Ordinary Session which was held in May/June 2004 in Banjul, The Gambia, the African Commission considered the complaint and heard the delegate from the Respondent State. 18. During the 36th Session, the [African] Commission decided to defer its decision on admissibility to its 3[7th] Ordinary Session and notified the State accordingly by Note Verbale dated 20th December 2004. 19. The Secretariat also notified the complainant of the decision taken by [the African] Commission at its 36th Session and reminded him, by letter dated 20th December 2004, to convey his conclusions on the admissibility of the communication as early as possible. 20. On the 15th February 2005, the Complainant finally submitted his memorandum on admissibility and a letter acknowledging receipt was sent to him on the 22/03/05. The Complainant's memo was also sent to the Respondent State by Note Verbale dated 22nd March 2005. Law Admissibility 21. The African Charter provides under its Article 56 that for communications covered by the provisions of Article 55, to be considered, they should necessarily have exhausted all local remedies, if any unless it is obvious that this procedure is unduly prolonged. 22. ln the case at hand, the numerous letters from the Secretariat requesting the Complainant for evidence that the said requirement had been satisfied remained, for a long time, without response. In fact, the Secretariat of the [African] Commission lost contact with the Complainant from October 2003. 23. However, on the 15th February 2005, the Complainant finally re-established contact with the Secretariat and conveyed his memorandum on admissibility through electronic mail. In this memorandum the Complainant contends that the State of Benin has violated two fundamental principles of human rights, namely: the principle of equality of all citizens before the law and in consequence before justice and the principle of the legality of the criminal act. 24. The Complainant recalls that Articles 547, 548 and 549 of the Benin Criminal Code which form the basis of the procedure thus submitted before the Supreme Court blatantly violate the Magistrates' right to defense as they eliminate the right to appeal in refusing to allow any appeal against the rulings of the reporting judge acting as examining judge. 25. The Complainant argues that to defend themselves against the abuse of power and arbitrary rulings by the examining judge, the magistrates found no other means than to bring the said Articles before the Constitutional Court which, evidently, are contrary to the provisions of Article 26 × The State shall assure to everyone equality before the law without distinction of origin, of race, of sex, of religion, of political opinion or of social position. Men and women are equal under the law. The State shall protect the family and particularly the mother and child. It shall take care of handicapped and aged persons. ( http://www.unhcr.org/refworld/category,LEGAL,,,BEN,3ae6b57d4,0.html accessed 19.10.2010) of the Benin Constitution which stipulates that "the State guarantees the equality of all citizens before the law without discrimination ... of social position" and that of Article 3 of the African Charter which stipulates: • All individuals enjoy total equality before the law; • All persons have right to equal protection by the law" 2