49. The Court further recalls, in line with its settled jurisprudence, that the local
remedies to be exhausted must be available, effective and satisfactory.
Moreover, the mere fact that a remedy exists does not satisfy the rule of
exhaustion of remedies since an applicant is only required to exhaust a
remedy insofar as it offers prospects of success.12
50. As it also emerges from the Court’s jurisprudence, the Applicant must not
merely claim to have exhausted local remedies, but must have actually
taken the steps provided for by domestic procedures in this regard.13
51. The Court notes that, in the present case, the local remedies exercised by
the Applicant relate to four proceedings, namely those concerning: i) his
dismissal; ii) the complaint against his lawyers; iii) the complaints against
the Commissioner of the Cotonou Central Police, the Director General of
National Police and the Minister of the Interior; and iv) the complaint relating
to the attempted murder of his father. The Court will determine if the
Application complies with the requirement of exhaustion of local remedies
in relation to these proceedings.
i.
Proceedings in respect of dismissal
52. As regards the proceedings in respect of the Applicant’s dismissal, the Court
notes that the Respondent State argues that the Applicant did not exhaust
available remedies. The Court also notes that the Applicant himself does
not deny knowing that, having appealed the Cotonou Court’s judgment
before the Cotonou Court of Appeal, he failed to file his appeal submissions,
which prevented the Court of Appeal from disposing of his case.
12
Beneficiaries of late Norbert Zongo, Abdoulaye Nikiema alias Ablasse, Ernest Zongo, Blaise Ilboudo
and Mouvement Burkinabé des Droits de l’Homme et des Peuples v. Burkina Faso (merits) 28 March
2014) 1 AfCLR 219 § 68; Lohé Issa Konaté v. Burkina Faso (merits) 1 AfCLR 314, §§ 92 and 108;
Sébastien Germain Marie Akoué Ajavon v. Republic of Benin (merits and reparations) (4 December
2020) 4 AfCLR 133, § 99.
13 Aminata Soumare v. Republic of Mali, ACtHPR, Application No. 038/2019, Judgment of 5 September
2023, § 45.
15