xyz c republique du benin requete n 0102020 2020 afchpr 3 27 novembre 2020
The Court found that the process of constitutional amendment in Benin violated the principle of national consensus as required by Article 10(2) of the CADEG, and that the independence of the Constitutional Court was not guaranteed due to the renewable nature of judges' mandates without clear criteria. The Court also found violations of the right to information, the right to development, and the right to peace and security. However, the Court found no violation of the right to an impartial tribunal, as the applicant failed to provide credible evidence of actual bias. The Court awarded symbolic…
Source excerpt
- Judicial independence
- Impartiality of courts
- Constitutional amendment
- Right to information
- Right to development
- Right to peace and security