A. Objection based on non-exhaustion of local remedies
39. The Respondent State submits that the Applicant did not exhaust local
remedies, insofar as the allegations raised in the Application have not been
adjudicated at the national level. It asserts that the case concerning SBEE
remains pending before domestic courts and that it cannot be faulted for its
undue prolongation, while the case concerning OUIN OUROU Edouard has
not been subjected to any proceedings.
40. The Respondent State further submits that, in addition to the ordinary
courts, the Applicant could have seized its Constitutional Court since it has
jurisdiction to hear allegations of human rights violations.
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41. The Applicant submits that this objection should be dismissed, arguing that
the Cotonou Court of First Instance considered the SBEE case and handed
down a judgment on 22 December 2017. Furthermore, that on 28 December
2017, he filed an appeal against the said judgment before the Cotonou
Court of Appeal. However, as the copy of the judgment was not made
available, the said court was unable to dispose of the appeal. The Applicant
also asserts that he took all necessary steps to obtain the copy of the
judgment but did not receive it until 22 October 2020, that is, three years
after the judgment was handed down.
42. He insists that the undue delay was attributable to the Cotonou Court of
First Instance and therefore to the Respondent State. In this regard, he
points out that, in line with the jurisprudence of this Court, there is no need
to exhaust local remedies where ‘the prolongation of the proceedings before the
national courts was largely caused by the actions of the Respondent Sate,
including its numerous absences during the judicial proceedings and failure to
defend its case in a timely manner.”
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