noudehouenou v republic of benin application no 0032020 2020 afchpr 4 4 december 2020

noudehouenou v republic of benin application no 0032020 2020 afchpr 4 4 december 2020

The Court found that the revision of the Constitution of Benin was not based on national consensus as required by Article 10(2) of the ACDEG, rendering the revision and related laws inconsistent with Benin’s international obligations. The Court also found that the Inter-Ministerial Decree prohibiting issuance of official documents to persons wanted by courts violated the presumption of innocence and the right to equality of access to public services. The Court dismissed other alleged violations as moot or unsubstantiated.

Citation
noudehouenou v republic of benin application no 0032020 2020 afchpr 4 4 december 2020
Parties
Applicant: Houngue Eric Noudehouenou; Respondent State: Republic of Benin
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 December 2020
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partly allowed
Legal Topics
Constitutional Amendment, Electoral Rights, Freedom of Association, Freedom of Expression, Right to Equality, Right to Effective Remedy, Presumption of Innocence, Right to Peace, Freedom of Religion
Source Language
English
Constitutional Law Human Rights Law International Law Constitutional Amendment Electoral Rights Freedom of Association Freedom of Expression Right to Equality +4 more

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Parties

Houngue Eric Noudehouenou

Applicant

Republic of Benin

Respondent State

Procedural Posture

Human Rights Application / Final Judgment

Legal Issues

  1. 1 Whether the revision of the Constitution of Benin violated the principle of national consensus under Article 10(2) of the ACDEG
  2. 2 Whether the revised Constitution and related laws violated rights to participate in public affairs, equality, freedom of association, freedom of expression, freedom of religion, and non-discrimination
  3. 3 Whether the right to an effective remedy was violated

Ratio Decidendi

The Court found that the revision of the Constitution of Benin was not based on national consensus as required by Article 10(2) of the ACDEG, rendering the revision and related laws inconsistent with Benin’s international obligations. The Court also found that the Inter-Ministerial Decree prohibiting issuance of official documents to persons wanted by courts violated the presumption of innocence and the right to equality of access to public services. The Court dismissed other alleged violations as moot or unsubstantiated.

Court Disposition

Application partly allowed

Orders

  • Respondent State to repeal Law No. 2019-40 revising the Constitution and all subsequent related electoral laws to guarantee free participation in elections and respect for presumption of innocence.
  • Respondent State to comply with the principle of national consensus for any constitutional revision.