failed to honour its commitment under Article 2(3) to ensure that its
citizens, whose rights and freedoms were violated, including the right to
a fair trial and the right to reparation as protected in the ICCPR, are
afforded an effective remedy to redress the harm suffered, and that the
matter be brought before a competent authority to rule thereon.
ii.
Find that the procedure initiated in 2001 to recover his rights following a
labour dispute is unduly prolonged and that it is therefore difficult to
obtain a final judgment in the case in 2018 and, similarly, it is unlikely
that a final judgment will be obtained in 2019;
iii. Find that the Respondent State violated Articles 14(1) of the ICCPR;
iv. Hold that by virtue of Article 2(3) of the ICCPR, the Respondent State is
under an obligation to provide an effective and enforceable remedy for
violations of the provisions of the Covenant and, therefore, that the
Respondent State is under an obligation to provide full reparation and
adequate compensation for the harm suffered as a result of the violation
of Articles 2(3) and 14(1) of the ICCPR;
v.
Find that in the second case relating to the complaint regarding the
seizure of his vehicle, there was a plethora of remedies that were not
effective and constitute a violation of Article 8 of the Universal
Declaration of Human Rights (UDHR) and that by refusing to hear his
petition against the Director General of National Police, the
Constitutional Court of Benin also violated Article 8 of the UDHR;
vi. Hold that by refusing to refer the complaint to the public prosecutor in
the second case, officers of the Cotonou central police station violated
Article 10 of the UDHR and Article 7 of the Charter;
vii. Hold that, as the leased vehicle is his property and the driver never
exercised the purchase option, he was arbitrarily deprived of it and that
the responsibility thereof lies with the State which, despite having
received his complaints, failed to afford him any effective remedy;
viii. Hold that the Respondent State violated Article 17 of the UDHR and
Article 14 of the Charter as regards his commercial vehicle;
ix. Find that as regards the third petition relating to the attempted murder of
his father, he filed a complaint with the public prosecutor in June 2006
after the armed attack on his father in 2004 and that he sent a copy of
the complaint to the sitting President of the Republic of Benin in June
2006;
5