CCDB v Benin (Communication 16 of 1988)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The African Commission found that the Government of Benin, which took power in 1990, had satisfactorily resolved human rights violations committed under the previous administration by releasing all political prisoners. The Commission confirmed this resolution in the absence of any response from the complainants.
Outcome
Communication resolved after Government confirmed release of all political prisoners
Facts
The Comité Culturel pour la Démocratie au Bénin submitted a communication alleging that the Government of Benin committed serious violations of the African Charter, including detention of hundreds of citizens without charge or trial, torture, and the murder of Mr Akpokpo. The communication requested full and unconditional liberation of all political prisoners. The Government of Benin submitted a letter on 9 May 1994 stating that all political prisoners were released after the new Government took over in 1990. At the hearing, only the Government representative appeared. The Commission heard the Government's case and determined that the current Government had satisfactorily resolved the human rights violations of the previous administration.
Issues
- Whether the Government of Benin violated the African Charter through detention without trial, torture, and extrajudicial killing.
- Whether the new Government of Benin had satisfactorily resolved human rights violations committed by the previous administration.
Orders
- The Commission decided that the present Government of Benin has satisfactorily resolved the issue of violations of human rights under the previous administration.
- The decision was communicated to the authors of the communication.
- In the absence of a response, the Commission confirms that the issue had been satisfactorily resolved.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.