Wakilii

XYZ v Republic of Benin (Application No. 009-2020)

African Court on Human and Peoples' Rights · [2025] AfCHPR 26 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights alleging human rights violations arising from an amnesty law and post-election protests
Decision
Application dismissed for non-exhaustion of local remedies

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court held that it has material jurisdiction to examine domestic proceedings for compliance with the African Charter and may order repeal of a law as a remedy if a violation is established. However, the application was declared inadmissible for failure to exhaust local remedies. The applicant should have brought an action before Benin's Constitutional Court challenging the amnesty law for human rights violations under Article 122 of the Constitution, which allows direct citizen petitions on constitutionality. The Court rejected objections based on abuse of process and lack of standing, holding that individuals need not demonstrate personal victim status under Article 5(3) of the Protocol.

Outcome

Application dismissed for non-exhaustion of local remedies

Facts

Following parliamentary elections in Benin on 28 April 2019, protests occurred in April and May 2019. The applicant alleged that security forces used weapons against demonstrators, causing at least four deaths. An investigation was opened in July 2019 before the Investigating Judge of the 4th Investigating Chamber of the Cotonou First-Class Court of First Instance for voluntary homicide, resulting in a dismissal order on 24 October 2019. On 31 October 2019, Benin's Parliament adopted Law 2019-39 granting amnesty for acts committed in connection with the legislative elections. The Constitutional Court declared the amnesty law constitutional in Decision DCC 19-503 of 6 November 2019, and it was promulgated by the President. The applicant, a Beninese national granted anonymity for security reasons, filed this application alleging that the amnesty law and the dismissal order violated victims' rights to judicial protection and to have their case heard.

Issues

  1. Whether the African Court has material jurisdiction to hear an application challenging an amnesty law and a dismissal order by a domestic investigating judge.
  2. Whether the African Court is sitting as an appellate court when examining domestic judicial proceedings for compliance with the African Charter.
  3. Whether the African Court has jurisdiction to order the repeal of a domestic law as a remedy for human rights violations.
  4. Whether the applicant abused the right to bring legal proceedings by filing multiple applications.
  5. Whether the applicant has standing to bring the application without demonstrating personal victim status.
  6. Whether the applicant exhausted local remedies before bringing the application to the African Court.

Orders

  • Declared that the Court has jurisdiction.
  • Upheld the objection based on non-exhaustion of local remedies.
  • Declared the Application inadmissible.
  • Decided that each party shall bear its own costs.

Rules and key headnotes

Human Rights — Jurisdiction of African Court — Material Jurisdiction — Court Not an Appellate Body
The African Court on Human and Peoples' Rights is not a court of appeal against decisions given by national courts, but this does not preclude it from examining relevant proceedings in national courts to determine whether they are in accordance with the standards set out in the Charter or any other human rights instrument ratified by the State concerned.
Human Rights — Remedies — Power to Order Repeal of Domestic Law
Under Article 27(1) of the Protocol, the African Court is empowered to order the repeal of a domestic law as a form of redress for human rights violations if it finds a violation has occurred and deems such a measure appropriate to remedy the established violation.
Human Rights — Standing — Individual Applications — No Requirement of Personal Victim Status
Under Article 5(3) of the Protocol, individuals need not demonstrate a personal interest or direct victim status to bring an application before the African Court. The only prerequisite is that the respondent State must have deposited the Declaration accepting the Court's jurisdiction to receive applications from individuals, in recognition of practical difficulties victims may face in bringing complaints.
Human Rights — Standing — Objective Litigation — Citizen Interest in Constitutional Matters
A citizen of a State has direct interest in bringing objective litigation concerning matters that directly or indirectly affect individual or collective rights, the security and well-being of society and country, where such challenges concern rights protected by the Charter.
Human Rights — Admissibility — Exhaustion of Local Remedies — Constitutional Court Review
An abstract constitutional review conducted by a Constitutional Court prior to promulgation of a law does not bar citizens from subsequently seizing the Constitutional Court to challenge the constitutionality of the law, including assessment of compliance with human rights and the African Charter where such rights have been adopted into the domestic Constitution.
Human Rights — Admissibility — Exhaustion of Local Remedies — Effectiveness of Constitutional Court Remedy
Where a State's Constitution confers jurisdiction on the Constitutional Court in matters of human rights violations and allows any citizen to petition the Constitutional Court directly on constitutionality of laws without showing interest to bring proceedings, an action before the Constitutional Court is an available and effective remedy that must be exhausted before bringing an application to the African Court.

Legislation cited (18)

  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 56
  • Protocol to the African Charter on Human and Peoples' Rights Article 3
  • Protocol to the African Charter on Human and Peoples' Rights Article 5(3)
  • Protocol to the African Charter on Human and Peoples' Rights Article 6(2)
  • Protocol to the African Charter on Human and Peoples' Rights Article 27(1)
  • Protocol to the African Charter on Human and Peoples' Rights Article 34(6)
  • Law 2019-39 of 31 October 2019 (Benin Amnesty Law)
  • Constitution of Benin Article 7
  • Constitution of Benin Article 114
  • Constitution of Benin Article 121
  • Constitution of Benin Article 122
  • Law No. 2012-15 (Benin Code of Criminal Procedure) Article 4
  • Law No. 2012-15 (Benin Code of Criminal Procedure) Article 5
  • Law 91-009 of 4 March 1991 (Benin Organic Law on Constitutional Court) Article 24

Cases cited (20)

  • Houngue Eric Noudehouenou v Republic of Benin (2020) 4 AfCLR 701
  • Ernest Francis Mtingwi v Republic of Malawi (15 March 2013) 1 AfCLR 190
  • Alex Thomas v United Republic of Tanzania (20 November 2015) 1 AfCLR 465
  • Mussa and Mangaya v Republic of Tanzania (28 November 2019) 3 AfCLR 629
  • Franck David Omary and Others v United Republic of Tanzania (28 March 2014) 1 AfCLR 358
  • Peter Chacha v United Republic of Tanzania (28 March 2014) 1 AfCLR 413
  • XYZ v Republic of Benin (27 September 2020) 4 AfCLR 49
  • Sébastien Germain Marie Aïkoué Ajavon v Republic of Benin (4 December 2020) 4 AfCLR 133
  • XYZ v Republic of Benin (27 November 2020) 4 AfCLR 83
  • Ghaby Kodeih and Nabih Kodeih v Republic of Benin (Application No. 008-2020)
  • Houngue Éric Noudehouenou v Republic of Benin (Application No. 032-2020)
  • Beneficiaries of late Norbert Zongo and Others v Burkina Faso (5 December 2014) 1 AfCLR 219
  • Peter Joseph Chacha v United Republic of Tanzania (28 March 2014) 1 AfCLR 398
  • Diakité Couple v Republic of Mali (28 September 2017) 2 AfCLR
  • Komi Koutché v Republic of Benin (25 June 2021) 5 AfCLR 231
  • Glory Cyriaque Houssou v Republic of Benin (Application No. 012-2018)
  • Laurent Métongnon and Others v Republic of Benin (Application No. 031-2018)
  • Mariam Kouma and Ousmane Diabaté v Republic of Mali (21 March 2018) 2 AfCLR 237
  • Rutabingwa Chrysanthe v Republic of Rwanda (11 May 2018) 2 AfCLR 361
  • Collectif des anciens travailleurs ALS v Republic of Mali (28 March 2019) 3 AfCLR 73

Full judgment

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

XYZ v Republic of Benin (Application No. 009-2020) [2025] AfCHPR 26 (26 June 2025)
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.