Complaint

1. The communication, No. 16/88, submitted by ”Comité Culturel pour la Démocratie au Bénin”, alleges serious violations of various articles of the African Charter, committed by the Bénin Govern¬ment. They refer to the detention of hundreds of citizens without charge or trial, torture, and the murder of a Mr. Akpokpo.

2. The communication requests full and unconditional liberation of all political prisoners. A letter submitted by the Government on 9 May 1994 states that all political prisoners were released after the new Govern¬ment’s took over in 1990.

Finding

3. Notice of hearing was sent to the parties, but only the representative of the Government of Benin appeared. The Govern¬ment representative was duly given the opportunity to present his case at the end of which the Commis¬sion, after due consideration decided that the present government of Benin has satisfactorily resolved the issue of violations of human rights under the previous administration. This decision was communicated to the authors the communication. In the absence of a response, the Commission confirms that the issue had been satisfactorily resolved.

4. Communication no. 17/88 was submitted by Mr. Hilaire Badjogoume. He complained of being arbitrarily detained for two years, from 5 April 1988 to 10 January 1990.

Decision

5. Notices of hearing were sent to the parties, but only the representative of the government of Benin appeared. The government representative was duly given the opportunity to present his case at the end of which the Commission, after due consideration, decided that the government of Benin had settled the complainant's claim administratively.

6. This decision was communicated to the complainants and, in the absence of a response, the Commission confirms its decision.

7. Communication no. 18/88 was submitted by Mr. El Hadj Boubacare Diawara. He had been detained without charge or trial from 18 February 1982 for a period of more than seven years. Furthermore, he reports the arbitrary detention of seven others, one of whom died in prison 11 months after imprisonment. All detainees, he claimed, were tortured while imprisoned.

Finding

8. Notice of hearing was sent to the parties, but only the representative of the government of Benin appeared. The Commission decided that since the complainant has referred his complaint to the courts in Benin, where it is now pending, the Commission declared the communication inadmissable for want of exhaustion of local remedies, under article 56(5) of the Charter and rule 103(1)(f) of the Rules of Procedure of 1988.