67. The Court emphasises that the pending proceedings related to the
complaint lodged against the Applicant’s driver with the Cotonou Central
Commissioner. In this respect, the Court notes that, following the failure of
the Police Commissioner to forward the docket to the public prosecutor, the
Applicant had the avenue of lodging three appeals. Firstly, under Article 38
of the Respondent State’s Code of Criminal Procedure (CCP),19 he could
file a complaint directly to the public prosecutor for the same purpose. He
could then file a civil party suit under Article 90 of the Criminal Procedure
Code.20 Lastly, the Applicant could, pursuant to Article 400 of the CCP,21
bring a case before the court of first instance by way of direct summons.
68. The Court finds that these remedies were available, effective and
satisfactory.22 However, the Applicant does not show that he exercised any
of these remedies. The Court therefore considers that the Applicant did not
exhaust local remedies in relation to the proceedings against the
Commissioner of the Cotonou Central Police Station, the Director General
of Police and the Minister of the Interior.
iv.
Proceedings in respect of the attempted murder of the Applicant’s father
69. The Court notes that in connection with these proceedings, faced with the
inaction of the public prosecutor to whom he had referred the matter, the
Applicant sent a letter to the sitting President of the Republic unsuccessfully
soliciting his intervention before seizing the Constitutional Court. The
Applicant’s action before the Constitutional Court against the President of
the Republic sought a ruling from the high court to the effect that the
President of the Republic’s failure to intervene to have the Public Prosecutor
Article 38 of the Respondent State’s Code of Criminal Procedure (CCP) provides: “The public
prosecutor receives complaints and reports and decides on the action to take”.
20 Article 90 of the Code of Criminal Procedure states: “Any person claiming to have been injured by a
crime or offence may submit a civil party complaint to the president of the court, who shall refer the
matter to the investigating judge.”
21 Article 400 of the Code of Civil Procedure states: “A civil party who summons an accused person
directly to appear before a court of first instance shall, in the summons, elect domicile in the locality
where that court sits, on pain of nullity, unless he is domiciled there”.
22 Kambole v. Tanzania, supra, § 37.
19
19