Wakilii

Association Que Choisir Benin v Benin (Communication 264 of 2002)

African Commission on Human and Peoples' Rights · [2005] ACHPR 64 · 2005 Communication Inadmissible AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication submitted to the African Commission on Human and Peoples' Rights alleging violations of the African Charter by the Republic of Benin
Decision
Communication dismissed as inadmissible without consideration of merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission declared the communication inadmissible for non-exhaustion of local remedies. The complainant failed to prove that domestic proceedings had concluded and that all available local remedies had been exhausted. The respondent state demonstrated that the matter remained pending before Benin courts with further appeal rights available. Article 56.5 of the African Charter requires exhaustion of local remedies before the Commission can examine a communication, unless recourse to such remedies is unduly prolonged.

Outcome

Communication dismissed as inadmissible without consideration of merits

Facts

In November 2002, the NGO Que Choisir Benin submitted a communication on behalf of Beninese magistrates alleging violations of the African Charter by the Republic of Benin. A Commission of Inquiry of the Ministry of Finance had investigated disbursements between 1996 and 2000 and concluded that irregularities and fraudulent dealings had occurred. Several magistrates, court clerks and tax collectors were brought before the judicial chamber of the Supreme Court accused of falsification of public accounts, complicity in embezzlement and fraud. The magistrates had been imprisoned since December 2001. The Constitutional Court of Benin dismissed the magistrates' appeal by Ruling DCC 02-097 on unconstitutional grounds. The complainant alleged that Articles 547, 548 and 549 of the Criminal Procedure Code violated principles of equality and the right to defence under the Benin Constitution and the African Charter by eliminating the right to appeal against rulings of the examining judge.

Issues

  1. Whether the communication should be declared admissible despite the complainant's failure to prove exhaustion of local remedies.
  2. Whether Articles 547, 548 and 549 of the Criminal Procedure Code of Benin violate the principles of equality and the right to defence under Article 26 of the Constitution of Benin and Article 7.1.c of the African Charter.

Orders

  • Communication declared inadmissible for non-exhaustion of all local remedies.

Rules and key headnotes

Human Rights — Admissibility — Exhaustion of Local Remedies — Burden of Proof
A communication submitted under Article 55 of the African Charter can only be examined after local remedies have been exhausted, unless it is clear that recourse to such remedies is unduly prolonged, and the burden of proving exhaustion rests on the complainant.
Human Rights — Admissibility — Pending Domestic Proceedings — Premature Communications
Where a respondent state demonstrates that a matter remains pending before domestic courts with further appeal rights available, and the complainant fails to prove otherwise, the African Commission must accept that local remedies have not been exhausted and declare the communication inadmissible.
Human Rights — Exhaustion of Local Remedies — Rationale — Principle of Subsidiarity
The requirement to exhaust local remedies is based on the principle that the respondent state should first have the opportunity to rectify alleged violations through its own national legal system before international human rights bodies intervene.

Legislation cited (9)

  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 7.1.c
  • African Charter on Human and Peoples' Rights Article 26
  • African Charter on Human and Peoples' Rights Article 50
  • African Charter on Human and Peoples' Rights Article 55
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Human and Peoples' Rights Article 56.5
  • Constitution of Benin Article 26
  • Criminal Procedure Code of Benin (Ruling No 25/PR/MJL of 07/08/67) Articles 547, 548, 549

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Association Que Choisir Benin v Benin (Communication 264 of 2002) [2005] ACHPR 64 (11 May 2005)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.