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.
The Respondent State also deposited, on 8 February 2016, 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 (AUC) the Instrument of withdrawal of its Declaration. The Court
has ruled that the withdrawal of the Declaration has no effect either on pending
cases or on new cases filed before it, before the withdrawal took effect one
year after the deposit of the said instrument, 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 on 28 April 2019, the Respondent State
held legislative elections in which only two pro-government political parties
participated, owing to disagreements between the various political actors.
4.
The Applicants aver that it was in the said circumstances that the citizens of
Benin on that same day woke up to a nation-wide internet shutdown, without
having been given prior notice to enable them to take the necessary measures.
They aver that this constitutes a violation of their fundamental rights.
Houngue Éric Noudehouenou v. Republic of Benin, AfCHPR, Application No. 003/2020, Order of 5 May
2020 (provisional measures) §§ 4 - 5 and Corrigendum of 29 July 2020.
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