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Constitutional Law [2023] AfCHPR 15

Akouedenoudje v Republic of Benin (Application No. 024/2020)

Akouedenoudje v Republic of Benin (Application No. 024/2020) [2023] AfCHPR 15 (13 June 2023)

The Court found that the inter-ministerial Order of 22 July 2019, which prohibits the issuance of official documents to persons wanted by judicial authorities, violates the right to presumption of innocence under Article 7(1)(b) of the Charter. The Order, issued by executive authorities without judicial basis, suggests guilt and leads the public to believe that listed individuals are guilty, thereby undermining the presumption of innocence. Furthermore, the refusal to issue documents such as certificates of nationality arbitrarily deprives individuals of the enjoyment of nationality, contrary…

  • Presumption Of Innocence
  • Right To Nationality
  • Judicial Review Of Administrative Acts
  • Statelessness Risk
  • Exhaustion Of Local Remedies
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