Uganda Case Law

Koutche v Republic of Benin (Application No. 020/2019)

Koutche v Republic of Benin (Application No. 020/2019) [2021] AfCHPR 43 (25 June 2021)

Court

African Court on Human and Peoples Rights

Case number

Application No. 020/2019

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Mukamulisa J, Tchikaya J

The Court found that the applicant had not exhausted available and effective domestic remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules. The subject matter of the appeal before the Constitutional Court was not the same as the application before this Court, and the applicant failed to raise issues of impartiality and independence before the highest domestic court. Proceedings before CRIET and appeals before administrative and Supreme Courts were ongoing or available, and the applicant did not demonstrate that they were unduly prolonged or ineffective. The Cour…

Source excerpt

• Exhaustion Of Local Remedies
• Judicial Independence
• Admissibility Conditions
• Right To Fair Trial
• Political Context Exception
• Freedom Of Expression