ajavon c republique du benin requete n 0652019 2021 afchpr 52 29 mars 2021

ajavon c republique du benin requete n 0652019 2021 afchpr 52 29 mars 2021

Benin violated Article 30 of the Protocol and Article 1 of the African Charter by failing to execute the African Court's decisions of 7 December 2018 and 29 March 2019. The applicant is entitled to a symbolic reparation for moral prejudice, but not to pecuniary damages or further expert assessment, as no material...

Source-derived case information.

Citation
ajavon c republique du benin requete n 0652019 2021 afchpr 52 29 mars 2021
Parties
Applicant: Sébastien Germain Marie Aïkoué Ajavon; Respondent: République du Bénin
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partially granted
Legal Topics
Non Execution of Court Decisions, Right to Non Discrimination, Right to Equal Protection, Right to Fair Trial, Right to Property, Right to Participate in Public Affairs, Obligation to Comply With Court Judgments, Revision of Constitution, Obligation to Adopt Legislative Measures
Source Language
en
Human Rights Law International Law Constitutional Law Non Execution of Court Decisions Right to Non Discrimination Right to Equal Protection Right to Fair Trial Right to Property +4 more

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Parties

Sébastien Germain Marie Aïkoué Ajavon

Applicant

République du Bénin

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether Benin violated Article 30 of the Protocol by failing to execute African Court decisions
  2. 2 Whether the non-execution resulted in violations of rights under the African Charter
  3. 3 Whether the constitutional revision process violated the requirement of national consensus

Ratio Decidendi

Benin violated Article 30 of the Protocol and Article 1 of the African Charter by failing to execute the African Court's decisions of 7 December 2018 and 29 March 2019. The applicant is entitled to a symbolic reparation for moral prejudice, but not to pecuniary damages or further expert assessment, as no material damage or causal link was established. The counterclaim for abusive procedure is rejected.

Court Disposition

Application partially granted

Orders

  • Exception of lack of jurisdiction rejected; Court declares itself competent.
  • All admissibility objections rejected; application declared admissible.