2.
The Application is filed against the Republic of Benin (hereinafter referred
to as “the Respondent State”), which became a party to the African Charter
on Human and Peoples' Rights (hereinafter referred to “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 “the Protocol”) on 22 August 2014. On 8
February 2016, the Respondent State deposited the Declaration provided
for in Article 34(6) of the said 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 Organisations.
On 25 March 2020, the Respondent State deposited with the African Union
Commission the instrument of withdrawal of the said Declaration. The Court
has held that this withdrawal has no effect on pending cases and on new
cases filed before the entry into force of the said withdrawal, that is, one
year after its deposit, which is on 26 March 2021.3
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the Application that on 2 July 2018, the Respondent State
passed Law No. 2018-02 amending and supplementing Organic Law No.
94-027 of 18 March 1999 relating to the HJC. He avers that the said law
contains provisions that violate the principle of independence of the
judiciary. He claims that the executive wields undue influence over the HJC
and that judges have no remedy against sanctions pronounced against
them by the HJC.
Houngue Éric Noudehouenou v. Republic of Benin, ACtHPR, Application No. 004/2020, Ruling of 6
May 2020 (provisional measures), §§ 4-5 and corrigendum of 29 July 2020.
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