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A/HRC/WGAD/2026/6

Opinion No. 6/2026 concerning Steve Zountinde Amoussou (Benin and Togo)

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2026-04-01 · en UN

Opinion; Subjects: BENIN, TOGO, ARBITRARY DETENTION; [WGAD: UNO-Arbeitsgruppe über willkürliche Inhaftierung, willkürliche Haft; Groupe de travail sur la détention arbitraire; Gruppo di lavoro sulla detenzione arbitraria]

Volltext (verifizierbarer Originaltext)

GE.26-09869 (E) 010926 020926

Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its 105th session, 23 March–1 April 2026

Opinion No. 6/2026 concerning Steve Zountinde Amoussou (Benin and

Togo)

1.

The Working Group on Arbitrary Detention was established in resolution 1991/42 of

the Commission on Human Rights. In its resolution 1997/50, the Commission extended and

clarified the mandate of the Working Group. Pursuant to General Assembly resolution 60/251

and Human Rights Council decision 1/102, the Council assumed the mandate of the

Commission. The Council most recently extended the mandate of the Working Group for a

three-year period in its resolution 60/8.

2.

In accordance with its methods of work,1 on 8 December 2025 the Working Group

transmitted to the Governments of Benin and Togo a communication concerning Steve

Zountinde Amoussou. The Government of Benin replied on 6 February 2026. The

Government of Togo has not replied to the communication. Both States are Parties to the

International Covenant on Civil and Political Rights.

3.

The Working Group regards deprivation of liberty as arbitrary in the following cases:

(a)

When it is clearly impossible to invoke any legal basis justifying the

deprivation of liberty (as when a person is kept in detention after the completion of his or her

sentence or despite an amnesty law applicable to him or her) (category I);

(b)

When the deprivation of liberty results from the exercise of the rights or

freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of

Human Rights and, insofar as States Parties are concerned, by articles 12, 18, 19, 21, 22, 25,

26 and 27 of the Covenant (category II);

(c)

When the total or partial non-observance of the international norms relating to

the right to a fair trial, established in the Universal Declaration of Human Rights and in the

relevant international instruments accepted by the States concerned, is of such gravity as to

give the deprivation of liberty an arbitrary character (category III);

(d)

When asylum-seekers, immigrants or refugees are subjected to prolonged

administrative custody without the possibility of administrative or judicial review or remedy

(category IV);

(e)

When the deprivation of liberty constitutes a violation of international law on

the grounds of discrimination, based on birth, national, ethnic or social origin, language,

religion, economic condition, political or other opinion, gender, sexual orientation, disability

or any other status, that aims towards or can result in ignoring the equality of human beings

(category V).

1 A/HRC/36/38.

United Nations

A/HRC/WGAD/2026/6

General Assembly

Distr.: General

14 July 2026

English

Original: French

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1.

Submissions

(a)

Communication from the source

4.

Steve Zountinde Amoussou, born on 25 February 1985, is a Beninese journalist and

activist who has his habitual place of residence in Lomé, Togo.

5.

According to the source, Mr. Amoussou’s activism made him a target of the

Government of Benin, which suspects him of being the online columnist known by the

pseudonym “Brother Hounvi”, who is critical of how Benin is governed and the lack of

democracy and abuses of power in the country. In 2017, after learning that he might be

arrested by the Government, Mr. Amoussou fled to Togo.

(i)

Abduction

6.

The night between 12 and 13 August 2024, Mr. Amoussou was abducted in Lomé by

a secret civilian militia of the Government of Benin. He was shown no arrest warrant at the

time of his abduction or given any reason for it. He was simply accosted on the street and

thrown roughly into a vehicle, in which he was then violently beaten, tortured and strangled

to the point of losing consciousness. His attackers mocked him and ridiculed his commitment

to democracy. They also openly talked about killing him and disposing of his body, until one

of them suggested that he be taken to Benin.

7.

Mr. Amoussou was thus taken clandestinely back to Benin, where his abductors

handed him over to a police officer, who then turned him over to the Central Office for the

Suppression of Cybercrime.

8.

The source alleges that Mr. Amoussou’s abduction had been arranged by the

Government of Benin under the supervision of the Director General of the National Agency

for Security and Information Systems of Benin. Three of the alleged abductors, including the

Director General of the Agency, have been formally identified. Two of their accomplices

have been arrested, tried and convicted in Togo, where they are now in prison.

9.

As soon as Mr. Amoussou arrived in Benin, he was questioned without a lawyer

present. He was detained without anyone knowing where he was and was prevented from

contacting anyone. People who witnessed his abduction quickly raised the alarm online, and

his family searched for him at all police agencies and police stations before finding him at

the Central Office for the Suppression of Cybercrime. Shortly thereafter, lawyers affiliated

with certain opposition political parties came together to defend him. After a public reaction,

Mr. Amoussou was finally allowed to speak with his lawyers the evening of 13 August 2024,

in the presence of police officers tasked with listening to their conversation. That same

evening, he was transferred to the Economic and Financial Brigade.

10.

On 20 August 2024, Mr. Amoussou was brought, without legal assistance, before the

special prosecutor of the Court for the Prevention of Financial Offences and Terrorism. The

prosecutor informed him that he was charged with harassment through electronic

communications, incitement to rebellion and defamation by electronic means under

articles 550, 553 and 558 of Act No. 2017-20 of 20 April 2018 on the Digital Code of the

Republic of Benin. Mr. Amoussou recounted the circumstances of his abduction to the

prosecutor, who replied, “It was a police officer who turned you over to the Central Office

for the Suppression of Cybercrime, and that is enough for me”. During that appearance, the

prosecutor’s sole priority was to force Mr. Amoussou to admit that he was “Hounvi”, which

he denied. His lawyers were informed of this appearance later, via social media.

11.

On 20 August 2024, Mr. Amoussou was transferred to the civilian prison in

Akpro‑Missérété and then, the following day, to the prison in Ouidah, without his family or

lawyers being informed or allowed to see him. His family learned of his transfer to Ouidah

from an anonymous phone call. Mr. Amoussou was sent back to the civilian prison in

Akpro-Missérété a few days later.

12.

In a statement released on 20 August 2024, the President of the Bar Association of

Benin described Mr. Amoussou’s arrest and expressed his concerns about the lack of

compliance with the rules governing criminal prosecution and the flagrant violation of the

laws in force.

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13.

On 22 August 2024, a group of Togolese civil society organizations stated that, in the

light of the alleged facts, the complicity or involvement of Togo in the abduction appeared

highly likely; otherwise, the act could have been seen as a diplomatic affront.

14.

As he had been tortured and physically assaulted during his abduction, Mr. Amoussou

asked to be treated, but his request was denied, as the prosecutor did not want evidence of

the physical abuse to be documented. The source claims that all the doctors contacted by

Mr. Amoussou’s family refused to treat him for fear of reprisals by the authorities.

(ii)

Trial of the alleged abductors

15.

Isolated and unable to communicate with his lawyers since 20 August 2024,

Mr. Amoussou was taken to court by ambulance in the early morning of 3 September 2024,

without knowing why, on the orders of the special prosecutor of the Court for the Prevention

of Financial Offences and Terrorism.

16.

The special prosecutor, who had initiated the criminal proceedings against

Mr. Amoussou, had filed a complaint on Mr. Amoussou’s behalf, without his knowledge,

against his abductors, while at the same time disregarding the evidence gathered against them

by the Government of Togo. The trial of the three alleged abductors, including the Director

General of the National Agency for Security and Information Systems, was held without

Mr. Amoussou’s agreement and without his family or lawyers being informed. The

defendants were represented by four lawyers.

17.

According to the source, some of Mr. Amoussou’s lawyers were not informed of the

trial under way until after Mr. Amoussou had been brought to court. The source states that

the purpose of the trial was to exonerate the Director General of the National Agency for

Security and Information Systems, the only tangible link between the crimes committed in

Togo and the Government of Benin, and to prevent the Government of Togo from arresting

the abductors.

18.

During the trial, one of the defendants stated that he had acted on the orders of a

Beninese businessman living abroad who claimed that Mr. Amoussou had stolen 10 million

CFA francs from him. When questioned about the identities of their accomplices, the

defendants declined to name them, and the prosecutor, despite being tasked with defending

Mr. Amoussou’s interests as the victim, took no steps to obtain the information or to summon

the accomplices to appear.

19.

Furthermore, the prosecutor did not attempt to establish the veracity of the transaction

between the defendants and the alleged businessman who had ordered the abduction or even

the existence of that individual, to locate the vehicle used in the kidnapping or to determine

the identity of the police officer to whom Mr. Amoussou had been handed over after the

abduction. The court, nevertheless, quickly cleared the Director General of the National

Agency for Security and Information Systems of any involvement and placed him under

protection. The other two defendants were sentenced to 24 months’ imprisonment, 12 of

which were immediately enforceable, and ordered to pay Mr. Amoussou 5 million

CFA francs; however, instead of being imprisoned, they were taken to stay in a villa and were

being protected by members of the Beninese armed forces.

20.

The appeal filed by Mr. Amoussou’s lawyers has not yet been heard.

(iii)

Trial of Mr. Amoussou

21.

Mr. Amoussou’s trial before the Court for the Prevention of Financial Offences and

Terrorism began on 7 October 2024. Prior to the hearing, Mr. Amoussou’s lawyers were

neither allowed to speak with their client nor given access to the various records from the

investigation. His family was informed that they would need to obtain a special pass in order

to attend the trial.

22.

During the hearing, Mr. Amoussou’s lawyers requested access to the case file so that

they could prepare his defence. The prosecutor supported the request, which was intended to

safeguard due process. They were therefore given access to the case file, and the trial was

postponed until 18 November 2024. The file contained no evidence or documents to support

the charges.

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23.

According to the source, when two of Mr. Amoussou’s lawyers attempted to meet

with him the week before the 18 November hearing, they were told that, under a new rule,

only one lawyer could meet with him. The next day, only one of the lawyers arrived, but he

was told that no meeting was allowed with his client. It was not until the morning of the

hearing that Mr. Amoussou was able to speak, for around 20 minutes, with his lawyers.

24.

During the hearing, the defence moved to have the proceedings dismissed, citing the

unconstitutionality of the trial against Mr. Amoussou, given his abduction, the due process

violations, including his questioning without his lawyers present, and the physical and

psychological ill-treatment to which he had been subjected. His release was also requested.

25.

On 9 December 2024, even though his case was on the court calendar, Mr. Amoussou

was not taken out of the prison because the prison authorities had not received the necessary

order to bring him to court. He was brought to the hearing only after his lawyers intervened.

Following the denial by the court of the motion to have the proceedings dismissed and of the

request for Mr. Amoussou’s release, the defence turned to the Constitutional Court.

26.

At the hearing on 27 January 2025, the prosecutor claimed that Mr. Amoussou had,

under the pseudonym “Hounvi”, accused the Beninese army of having fired live ammunition

at civilians. The defence requested the relevant documents from the case file and the evidence

and asked to know who had made the complaint. The defence’s requests were all disregarded,

and the trial was postponed until 10 March 2025.

27.

On 20 February 2025, the Constitutional Court declined jurisdiction in the case.

28.

On 10 March 2025, the hearing before the Court for the Prevention of Financial

Offences and Terrorism was suspended approximately an hour after it began, after the

defence requested clarification regarding the identity of the complainant. The lawyers raised

flagrant violations of national and international law. The source notes that, following

Mr. Amoussou’s abduction, a member of his family was illegally detained and forced to state

that Mr. Amoussou was “Hounvi”. The prosecutor submitted the statement, obtained under

duress, as evidence.

29.

On 7 April 2025, the prosecutor demanded that Mr. Amoussou provide proof that he

was not “Hounvi”. The defence pointed out that the burden of proof rested with the prosecutor

and that no credible evidence had been presented.

30.

On 2 June 2025, Mr. Amoussou was sentenced to 2 years’ imprisonment and fined

2 million CFA francs. The defence did not file an appeal for fear that a harsher sentence

would be handed down. The source notes that the appeal filed in the case against the

abductors has never been heard and that, in line with a well-documented trend, victims in

similar cases have had their sentences doubled for exercising their right of appeal. The

prosecutor, however, filed an appeal, without informing the defence, and sought a harsher

sentence.

31.

Mr. Amoussou is being held in solitary confinement at the Akpro-Missérété prison.

He is sometimes deprived of the only hour of walking that he is permitted and is not allowed

to read.

(iv)

Legal analysis

32.

The source asserts that Mr. Amoussou’s abduction and his incommunicado detention

upon his arrival in Benin are contrary to article 9 (1) and (2) of the Covenant and the laws of

Benin, in particular the Code of Criminal Procedure and article 8 of the Constitution. The

source claims that Mr. Amoussou was never informed of the charges against him and that no

well-substantiated investigation could have warranted his arrest, much less his abduction on

the territory of a foreign State.

33.

The source notes the procedural steps required in terms of police cooperation under

the Statute of the African Union Mechanism for Police Cooperation – drafted by the African

Union and applicable between its member States – including the issuance of an international

arrest warrant and the official measures to notify the country of asylum and request its

cooperation to enable extradition to the requesting country, where, in the presence of legal

counsel, the person can be questioned and mount a defence. In the present case, none of the

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legal procedures were followed. In the light of the conversations between Mr. Amoussou’s

abductors, the primary purpose of the abduction had been to kill him. He was beaten, tortured,

humiliated and strangled several times during the trip.

34.

In response to the violation of its territorial integrity and international laws on

cooperation, Togo launched an investigation into the abduction of Mr. Amoussou. The

investigation revealed the involvement of three of the four abductors who are now being

protected by the Government of Benin despite the international warrants for their arrests. At

the trial of his abductors on 3 September 2024, Mr. Amoussou was brought to court in

handcuffs, without a lawyer and without having been informed of the reasons for his

appearance. The defendants were free and under the protection of the Beninese police when

they appeared in court.

35.

The source raises several violations of Mr. Amoussou’s right to a fair trial under

article 14 of the Covenant: while in detention, he was questioned on several occasions

without his lawyers present; during their subsequent consultations, they were listened to and

monitored; and his lawyers were denied access to the case file and evidence on numerous

occasions. Furthermore, according to the source, the lack of any evidence establishing

Mr. Amoussou’s guilt reveals a violation of his right to be presumed innocent. The source

further argues that the Court for the Prevention of Financial Offences and Terrorism does not

meet the requirements of independence and impartiality under article 14 (1) of the Covenant,

given that it operates under the direct influence of the President of Benin.

36.

The source asserts that Mr. Amoussou – targeted by the Government of Benin because

of his activism and suspected of being the columnist “Hounvi”, a critic of how Benin is

governed and the lack of democracy and abuses of power in the country – was forced to flee

to Togo in 2017. According to the source, the Government of Benin has not, to date,

demonstrated in what way being “Hounvi” constitutes a crime, nor has it proven that

Mr. Amoussou is in fact “Hounvi”. The source maintains that it was because of his

democratic activism that Mr. Amoussou was persecuted and forced into exile, and that he

was abducted, held captive, tortured and arbitrarily detained in Benin.

37.

The source is of the view that, by keeping Mr. Amoussou in detention, the prosecutor

of the Court for the Prevention of Financial Offences and Terrorism, who had been informed

of the abduction, was complicit in the commission of a crime.

38.

The source argues that, since no warrant was issued for Mr. Amoussou’s arrest and it

has been acknowledged that he was the victim of a crime and brought to Benin against his

will, he should have been released, in Togo, following the trial of his abductors.

(b)

Response from the Government

39.

On 8 December 2025, the Working Group transmitted a communication concerning

Mr. Amoussou to the Governments of Togo and Benin, requesting them to provide detailed

information about him by 6 February 2026 and to ensure his physical and mental integrity.

40.

The Working Group regrets that it did not receive a response from the Government of

Togo. On 3 February 2026, the Government of Benin requested an extension in accordance

with paragraph 16 of the Working Group’s methods of work, which was granted, with a new

deadline of 4 March 2026. On 6 February 2026, the Government of Benin submitted a

response in which it explained that Mr. Amoussou is a Beninese humourist against whom,

on 16 January 2024, a complaint had been made with the Central Office for the Suppression

of Cybercrime regarding a case of fraud involving 10 million CFA francs.

41.

According to the Government, on 13 August 2024, two individuals close to the person

who had filed that complaint took Mr. Amoussou to the Central Office for the Suppression

of Cybercrime to answer for his actions. These individuals have no ties to the Government

or its security forces. The Government explains that it is common for complainants or

creditors to bring debtors or suspects before the authorities in this manner.

42.

There were several social media posts about the abduction of “Brother Hounvi”, a

reference to the pseudonym of a Beninese cyberactivist. The Government claims that he is a

self-proclaimed “fearless opponent” of the President of Benin, that he is well-known on social

media and that he has written defamatory articles slandering various individuals and the

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administration of the State. People close to “Brother Hounvi” identified him as

Mr. Amoussou at a press conference. The special prosecutor of the Court for the Prevention

of Financial Offences and Terrorism then ordered that an investigation be opened into

Mr. Amoussou for harassment through electronic communications, the introduction and

dissemination of false information through social media and direct incitement to rebellion

via an electronic communications network.

43.

According to the Government, Mr. Amoussou was assisted, on a continuous basis, by

seven lawyers from the time that he was handed over to the police. No interview record

predates his meeting with his lawyers on 13 August 2024, and none was signed without their

countersignature. Mr. Amoussou showed no signs of physical injury, and his lawyers did not

request any medical care.

44.

On 20 August 2024, the Cybercrime Directorate, formerly the Central Office for the

Suppression of Cybercrime, put two actions against Mr. Amoussou before the special

prosecutor, one for fraud and the other for acts allegedly committed under the pseudonym

“Brother Houvni”.

45.

In connection with the first action, Mr. Amoussou contested the charges against him

and stated that he had been subjected to arbitrary arrest and violence, statements that were

then reported in the press. The prosecutor requested that the investigation continue, including

with an interview of the person who had filed the complaint against Mr. Amoussou. The

prosecutor also ordered that Mr. Amoussou be remanded in custody owing to the needs of

the investigation. Mr. Amoussou, who had complained of pain in his arms and back, received

care from the prison doctor.

46.

Because the Director of the National Centre for Digital Investigations had been

implicated in the abduction of Mr. Amoussou and the Centre had functional ties to the

Cybercrime Directorate, the prosecutor transferred the case from that entity to the Criminal

Investigation Department to ensure the transparency of the proceedings. Following an

investigation, the Director of the Centre was charged with aiding and abetting false arrest and

two other persons were charged with false arrest under articles 22 and 567 of the Criminal

Code.

47.

On 3 September 2024, following a public hearing, the Director was acquitted because

of a lack of evidence demonstrating his involvement, as Mr. Amoussou had himself stated

that he had not seen him among his abductors, unlike the other two persons. The other two

individuals were sentenced to 24 months’ imprisonment, 12 of which were immediately

enforceable, and ordered to pay Mr. Amoussou 5 million CFA francs. Mr. Amoussou joined

the case as a civil party. His lawyers had access to the judicial case file and could defend him

freely.

48.

In connection with the second action, Mr. Amoussou was charged with harassment

through electronic communications, the introduction and dissemination of false information

through social media and direct incitement to rebellion via an electronic communications

network under articles 550 and 553 of Act No. 2017-20 of 20 April 2018 on the Digital Code.

The trial, which began on 7 October 2024, was postponed several times, including at the

request of the defence. The defence approached the Constitutional Court on 18 December

2024, seeking a ruling that Mr. Amoussou’s arrest and pretrial detention were

unconstitutional and arbitrary. The Constitutional Court ruled that the petition was moot, as

there was already a judicial decision on the circumstances of the arrest.

49.

After amending the charges, the trial chamber of the Court for the Prevention of

Financial Offences and Terrorism sentenced Mr. Amoussou to 24 months’ imprisonment and

a fine of 2 million CFA francs. The appellate court upheld the conviction, although on the

basis of the original charges. Since he did not file an appeal, Mr. Amoussou will serve his

sentence under the same conditions as other convicted persons and in accordance with the

applicable laws.

50.

The Government asserts that the criminal investigation police did not carry out any

arrest or abduction on the territory of a foreign State and that Mr. Amoussou’s abductors,

civilians acting outside of any legal framework, were arrested, tried and convicted. It notes

that, in accordance with the principle of male captus, bene detentus, the irregularity of an

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arrest cannot, by itself, invalidate the subsequent criminal proceedings if those proceedings

comply with legal requirements and fair trial guarantees. Mr. Amoussou received effective

assistance from his lawyers throughout the proceedings, and all his due process rights were

scrupulously observed, as evidenced by the record of the first interview and his appearance

before the prosecutor, as well as the court records and the various measures taken by the

defence.

51.

The Government notes that the lawfulness of the proceedings against Mr. Amoussou

was confirmed by the trial chamber, the appellate court and the Constitutional Court, and that

the defence had the opportunity to challenge the forensic analysis report from the National

Centre for Digital Investigations.

52.

The Government argues that the prosecution did not target Mr. Amoussou and that it

identified him as “Brother Hounvi” only when he was handed over to the police and

following the statement made by some of his relatives and the confirmation from one of his

lawyers. Mr. Amoussou did not dispute his family member’s statement in this regard. The

Government notes that, since Mr. Amoussou’s arrest, the columns by “Brother Hounvi” have

ceased to appear on all social media. According to the Government, the mere prosecution of

a politically active person, in the absence of evidence of differential treatment or of the

selective use or misuse of the justice system, is not sufficient for a conclusion that there has

been discrimination.

53.

Furthermore, the Government explains that the Court for the Prevention of Financial

Offences and Terrorism is a special court whose judges are appointed in accordance with the

principles of judicial independence and the separation of powers and before which fair trial

guarantees are fully applicable. It asserts that the reforms instituted under Acts No. 2020-07

of 17 February 2020 and No. 2021-11 of 20 December 2021 address the source’s complaints

regarding the lack of independence of the Court for the Prevention of Financial Offences and

Terrorism and that the African Court on Human and Peoples’ Rights has since reassessed its

position on the matter.

(c)

Additional comments from the source

54.

On 20 February 2026, the source submitted additional comments in which it noted

that the Government provided no evidence regarding the complaint filed against

Mr. Amoussou. The source maintains that the existence of an investigation does not authorize

deprivation of liberty outside the framework of the law and does not make the safeguards

provided for in article 9 of the Covenant inapplicable.

55.

The source further notes that the Government has produced no documents relating to

any request for extradition, mutual legal assistance or police or judicial cooperation with the

Togolese authorities, nor any warrant or judicial decision authorizing an arrest in Togo, any

record of an arrest on Togolese territory or any evidence that would provide an official trace

of the cross-border handover. The source deems the argument of a domestic “practice”

whereby complainants bring suspects before the authorities to be legally ineffective.

56.

Finally, the source notes that the Government provided no documents, including

exhibits or procedural records, demonstrating that Mr. Amoussou’s detention had been

registered, that there had been judicial control, that he had been notified of the charges and

had had access to his lawyers or that he had been guilty.

2.

Discussion

57.

The Working Group thanks the source and the Government of Benin for their

submissions. In the absence of a response from the Government of Togo, the Working Group

has decided to render the present opinion on the basis of the information provided by the

source, in conformity with paragraph 15 of its methods of work.

58.

In determining whether Mr. Amoussou’s detention is arbitrary, the Working Group

has regard to the principles established in its jurisprudence to deal with evidentiary issues. If

the source has established a prima facie case for breach of international requirements

constituting arbitrary detention, the burden of proof should be understood to rest upon the

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Government if it wishes to refute the allegations.2 Mere assertions by the Government that

lawful procedures have been followed are not sufficient to rebut the source’s allegations. In

the present case, the Government of Togo has chosen not to challenge the prima facie credible

allegations made by the source.

(a)

Allegations against Togo

59.

The source claims that, the night between 12 and 13 August 2024, Mr. Amoussou was

abducted in Lomé, Togo, by a secret civilian militia of the Government of Benin that forcibly

transported him across the border into Benin, outside of any legal proceedings, and handed

him over to the Beninese police. On 22 August 2024, Togolese civil society organizations

issued a press release stating that, in the light of the alleged facts, the complicity or

involvement of the Togolese authorities appeared highly likely; otherwise, the act could have

been seen as a diplomatic affront. The source also notes that, following Mr. Amoussou’s

abduction, the Togolese authorities launched an investigation and prosecuted and convicted

two accomplices. Arrest warrants were issued for Mr. Amoussou’s abductors, who had fled

to Benin.

60.

The Working Group regrets that it has not received a response from the Government

of Togo. However, it does not, in its view, have sufficient information to reach a conclusion

as to the involvement of Togo in Mr. Amoussou’s abduction or its responsibility for the

violation of his rights.

(b)

Allegations against Benin

(i)

Category I

61.

The source asserts that Mr. Amoussou’s detention in Benin is arbitrary, given the lack

of a legal basis for his initial arrest and transfer.

62.

The Government of Benin argues that, according to the principle of male captus, bene

detentus, the irregularity of the circumstances of Mr. Amoussou’s arrest does not

automatically vitiate the subsequent criminal proceedings if the basic guarantees of due

process are observed in those proceedings. The Working Group cannot accept this argument

in the present context. While the principle may, in certain national legal systems, prevent the

dismissal of charges on purely procedural grounds, it does not relieve a State of its

responsibility under international human rights law when the detention stems from a violation

of the right to liberty. The Working Group has consistently maintained that forced cross-

border transfers that do not comply with the fundamental requirements of due process do not

constitute a legal basis for subsequent detention under article 9 (1) of the Covenant. Once

Mr. Amoussou was handed over to the Beninese authorities, the State assumed full and direct

responsibility for his person and for the protection of his rights.

63.

The Working Group notes that Mr. Amoussou was allegedly transferred from Lomé,

Togo, to Benin without any request for extradition, mutual legal assistance or police

cooperation, nor any judicial authorization or official documentation from border authorities.

The Government of Benin does not dispute these allegations and has not produced any of

these documents. The prosecutor’s statement that “[i]t was a police officer who turned you

over to the Central Office for the Suppression of Cybercrime, and that is enough for me”

reflects an approach that is in direct contradiction to the requirements of article 9 (1) of the

Covenant. Consequently, the Working Group considers that Mr. Amoussou’s detention in

Benin lacked a legal basis from the outset.

64.

Furthermore, the Working Group takes note of the source’s allegations that

Mr. Amoussou was shown no arrest warrant, that he was not informed of any reason for his

detention and that he was not brought before any judicial authority. On 20 August 2024, he

was brought before the special prosecutor of the Court for the Prevention of Financial

2 A/HRC/19/57, para. 68.

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9

Offences and Terrorism, who informed him for the first time of the charges against him.

Mr. Amoussou appeared before a judicial authority for the first time on 3 September 2024,

at the trial of his abductors.

65.

The Working Group recalls that, under article 9 (2) of the Covenant, anyone who is

arrested must be informed, at the time of arrest, of the reasons for his or her arrest and be

promptly informed of any charges against him or her. The Government has provided no

evidence to show that Mr. Amoussou had been informed of the reasons for his arrest at the

time of the arrest. He was allegedly not informed of the charges against him until he appeared

before the prosecutor on 20 August, seven days later, in violation of article 9 (2).

66.

Under article 9 (3) of the Covenant, any person arrested or detained on a criminal

charge must be brought promptly before a judge or other officer authorized by law to exercise

judicial power. The Human Rights Committee has pointed out that a prosecutor cannot be

considered an officer exercising judicial power under article 9, since the requirement for

judicial control implies oversight that is independent of the executive branch. 3 The

Committee further noted that a period of 48 hours is ordinarily sufficient to satisfy the

requirement that a detained person be brought promptly before a judge and that any longer

delay must remain absolutely exceptional and be justified by the circumstances.4

67.

In the present case, Mr. Amoussou was not brought before an independent judicial

authority during the entire initial period of his detention. His appearance before the

prosecutor on 20 August 2024 cannot satisfy the requirement, and his appearance before the

Court for the Prevention of Financial Offences and Terrorism on 3 September 2024 took

place within the framework of separate proceedings that Mr. Amoussou had joined as a civil

party, and not of the criminal proceedings against him. In the absence of an explanation from

the Government to justify the absence of prompt judicial control, the Working Group

concludes that there has been a violation of article 9 (3) of the Covenant.

68.

The source adds that for several hours after Mr. Amoussou’s transfer to the Central

Office for the Suppression of Cybercrime on 13 August 2024, his family and lawyers did not

know where he was and were forced to search for him at various police stations before they

found him at the Central Office for the Suppression of Cybercrime that same day. During the

initial phase of his detention, Mr. Amoussou was allegedly held without any contact with the

outside world and without his detention being officially acknowledged. In its response, the

Government merely states that Mr. Amoussou was assisted, on a continuous basis, by seven

lawyers from the time that he was taken into police custody, without providing any

documents to substantiate this claim.

69.

The Working Group recalls that a refusal by authorities to acknowledge a person’s

deprivation of liberty or their concealment of a person’s fate or whereabouts has no valid

legal basis under any circumstances and constitutes an enforced disappearance, prohibited by

international law. Enforced disappearance constitutes a particularly aggravated form of

arbitrary detention5 and places an individual outside the protection of the law, in violation of

article 6 of the Universal Declaration of Human Rights and article 16 of the Covenant. The

seriousness of such a violation is not mitigated by its duration; it is aggravated by the specific

circumstances in which it occurs. The source makes credible allegations that severe physical

violence was inflicted on Mr. Amoussou while he was abducted and transported. His

abductors allegedly considered killing him and disposing of his body before they decided to

hand him over to the Beninese authorities. The Government does not refute these allegations

and provides no evidence indicating that Mr. Amoussou’s family was informed of his

detention as soon as he was taken into police custody. The Working Group is of the view that

the applicable procedural safeguards were not observed from the moment that Mr. Amoussou

was transferred to the authorities.

70.

The Working Group also notes that Mr. Amoussou sought to challenge the lawfulness

of his detention before the Constitutional Court of Benin, which held that the circumstances

of his arrest had already been examined during the trial of his abductors. The Working Group

3 Human Rights Committee, general comment No. 35 (2014), para. 32.

4 Ibid., para. 33.

5 See opinions No. 5/2020, No. 6/2020, No. 11/2020 and No. 13/2020.

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is of the view that the prosecution and, in part, conviction of Mr. Amoussou’s abductors

cannot be considered effective judicial control of the lawfulness of Mr. Amoussou’s

detention under article 9 (4) of the Covenant, as the trial of the abductors dealt with their

criminal responsibility for his abduction.

71.

Accordingly, the Working Group concludes that Mr. Amoussou’s detention in Benin

does not meet the requirements of articles 3 and 9 of the Universal Declaration of Human

Rights and article 9 of the Covenant and is thus arbitrary under category I.

(ii)

Category II

72.

The source argues that Mr. Amoussou was detained and prosecuted solely because of

political comments critical of the Government attributed to “Brother Hounvi”. The source

notes that Mr. Amoussou is a journalist whose activism made him a target of the Government

of Benin, which suspected him of being “Brother Hounvi”, and that Mr. Amoussou fled

Benin in 2017 after learning that he was at risk of being arrested. During Mr. Amoussou’s

trial, the prosecutor allegedly claimed that he had, under the pseudonym “Brother Hounvi”,

accused the Beninese armed forces of having fired live ammunition at civilians. According

to the source, the statement attributed to “Brother Hounvi” falls within the scope of freedom

of political expression and no credible evidence was presented to show that the statement

could legitimately be subject to restrictions or that Mr. Amoussou was “Brother Hounvi”.

The Government asserts that it did not target Mr. Amoussou and that it identified him as

“Brother Hounvi” when he was handed over to the police and following the statement made

by some of his relatives.

73.

The Working Group notes that Mr. Amoussou was convicted by the appellate division

of the Court for the Prevention of Financial Offences and Terrorism on 15 December 2025

for harassment through electronic communications, incitement to rebellion and defamation

by electronic means. The three charges were based solely on content attributed to the

anonymous political commentator using the pseudonym “Brother Hounvi” and known for his

criticism of the Government. The Government itself describes “Brother Hounvi” as a

self-proclaimed “fearless opponent” of the President of Benin who posts articles critical of

how Benin is governed.

74.

Article 19 of the Covenant guarantees the right to freedom of expression, which

includes the freedom to seek, receive and impart information and ideas of all kinds, through

any media. This right extends to political criticism, comments about government institutions

and the expression of opinions that offend, shock or challenge the authorities. The Human

Rights Committee has affirmed that States must refrain from imposing restrictions on

discussions of government policies, political debate, reporting on government activities and

corruption in government, or expression of opinion and dissent. 6 In accordance with

article 19 (3), any restriction on the right to freedom of expression must be provided for by

law and be necessary and proportionate.

75.

The Working Group notes that, in his report on his visit to Benin in 2024, the Special

Rapporteur on the promotion and protection of human rights and fundamental freedoms while

countering terrorism expressed concern that certain provisions of the Digital Code could

“unjustifiably interfere with the rights of human rights defenders, political activists and

journalists” and called on the Government to review those provisions.7 The same concerns

were raised during the most recent periodic review of Benin by the Committee on Economic,

Social and Cultural Rights8 and in the context of the 2023 universal periodic review.9 The

Working Group emphasizes that, because of the requirement under article 19 (3) that any

restriction be provided for by law, laws must be formulated “with sufficient precision to

enable an individual to regulate his or her conduct accordingly”.10

6 Human Rights Committee, resolution 12/16, para. 5 (p).

7 A/HRC/58/47/Add.1, para. 77.

8 E/C.12/BEN/CO/3, paras. 9 and 10.

9 A/HRC/53/10, para. 136.99.

10 Human Rights Committee, general comment No. 34 (2011), para. 25.

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76.

The Working Group notes that the content attributed to “Brother Hounvi” included

political comments, allegations of corruption and criticism of the President. The Government

has not demonstrated how these statements could legitimately be subject to restriction under

article 19 (3) of the Covenant, nor how they met the threshold of incitement to violence under

article 20 of the Covenant.

77.

In the light of the foregoing, the Working Group concludes that Mr. Amoussou’s

detention is contrary to the requirements of article 19 (3) of the Covenant and is therefore

arbitrary under category II.

(iii)

Category III

78.

Given its finding that the detention of Mr. Amoussou is arbitrary under category II,

the Working Group emphasizes that no trial should have taken place. However,

Mr. Amoussou was tried and sentenced to 2 years’ imprisonment and a fine of 2 million

CFA francs on 2 June 2025, a sentence upheld by the appellate court on 15 December 2025.

The Working Group will therefore proceed to examine the allegations of violations of the

right to a fair trial.

79.

According to the source, Mr. Amoussou’s detention is arbitrary under category III

owing to serious, cumulative violations of his right to a fair trial: Mr. Amoussou was

questioned without a lawyer present; his meetings with his lawyers were monitored by the

police, in violation of legal professional privilege; and his access to his lawyers was

systematically obstructed in the days before the hearing of 18 November 2024, which left

him only 20 minutes to speak with them the very morning of the hearing. The source further

asserts that the defence was never given access to the evidence supporting the charges, and

that no independent technical evidence linking Mr. Amoussou to “Brother Hounvi” was put

forward. The source also contends that the prosecutor demanded that Mr. Amoussou prove

that he was not “Brother Hounvi”, which constitutes an impermissible reversal of the burden

of proof and a violation of the presumption of innocence. Finally, the source expresses

concerns regarding the independence and impartiality of the Court for the Prevention of

Financial Offences and Terrorism.

80.

The Working Group recalls that article 14 (3) (b) of the Covenant guarantees the right

of all persons charged with a criminal offence to have adequate time and facilities for the

preparation of their defence and to communicate with counsel of their own choosing. The

right to communicate with counsel applies from the moment of deprivation of liberty and

across all settings of detention, and legal assistance must be available throughout the

proceedings and, in the context of the criminal justice setting, prior to questioning by the

authorities.11 Principles 5 and 7 of the Basic Principles on the Role of Lawyers provide that

any person deprived of liberty must be informed of their right to be assisted by a lawyer of

their own choice and must have access to their lawyer without delay.

81.

The Working Group takes note of the source’s allegations that, on 13 August 2024,

during the initial phase of his detention, Mr. Amoussou was questioned without a lawyer. In

response, the Government cites two official records dated 16 and 20 August 2024 and asserts

that they demonstrate the presence of a lawyer. However, the Government does not refute

the allegations that no lawyer was present when Mr. Amoussou arrived at the Central Office

for the Suppression of Cybercrime or was questioned on 13 August 2024. Consequently, the

Working Group concludes that Mr. Amoussou’s lack of access to legal assistance from the

outset of his deprivation of liberty and during his first interview is contrary to

article 14 (3) (b) of the Covenant.

82.

Furthermore, the Government has not refuted the allegations that Mr. Amoussou’s

meetings with his lawyers were monitored by the police. Respect for the confidentiality of

communications between lawyers and their clients is a fundamental component of the right

to a fair trial. As highlighted by the Human Rights Committee, lawyers should be able to

meet with their clients and communicate with them in conditions that fully respect the

confidentiality of their communications.12 Principle 8 of the Basic Principles on the Role of

11 Human Rights Committee, general comment No. 35 (2014), para. 35; and A/HRC/45/16, para. 51.

12 Human Rights Committee, general comment No. 32 (2007), para. 34.

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Lawyers provides, in part, that all detained persons are entitled to have the time and facilities

necessary to consult and communicate with their lawyer in full confidentiality. The Working

Group thus concludes that there has been a violation of article 14 (3) (b) of the Covenant.

83.

The Working Group also notes that, according to the source, Mr. Amoussou’s access

to his lawyers was significantly restricted the week before the hearing of 18 November 2024.

The Government’s general assertion that Mr. Amoussou had constant access to legal

assistance is not supported by visit logs or any other documentation. The Working Group

considers that a meeting with his lawyers of only 20 minutes on the very morning of the

hearing was clearly insufficient for Mr. Amoussou to be able to prepare for a hearing on the

merits after months of obstacles. The Working Group therefore concludes that there has been

an additional violation of article 14 (3) (b) of the Covenant.

84.

Regarding the allegations that the prosecutor demanded that Mr. Amoussou provide

proof that he was not “Brother Hounvi”, the Human Rights Committee has emphasized that

the burden of proving a charge, beyond reasonable doubt, rests with the prosecution and that

public authorities have a duty to refrain from prejudging the outcome of a trial.13 Although it

is not for the Working Group to assess whether the evidence presented at trial was sufficient,

it notes with concern that the key statement identifying Mr. Amoussou as “Brother Hounvi”

was allegedly obtained from a member of his family following an unlawful detention and the

use of coercion. These circumstances raise concerns, to which the Government has not

responded, as to whether the prosecution was based on grounds consistent with the right to

be presumed innocent provided for in article 14 (2) of the Covenant and article 11 of the

Universal Declaration of Human Rights.

85.

The Working Group takes note of the source’s allegations that the review of the case

file on 7 October 2024 revealed that it contained no evidence, documents or factual

information to support the charges and that, at the hearing on 27 January 2025, a new request

for the evidence was denied. The Government does not specifically address the substance of

these allegations; its assertion that lawyers actively participated in the proceedings does not

establish that evidence was duly disclosed as required under article 14 (3) (b) of the Covenant.

86.

With regard to the independence and impartiality of the Court for the Prevention of

Financial Offences and Terrorism, the Working Group takes note of the Government’s

observations. It recalls, however, that it has already examined the issue of the Court’s

structural independence in its opinion No. 21/2024. The Working Group had noted that,

according to the source’s uncontested allegations, the Court is a court of limited jurisdiction

that is directly attached to the executive branch and the Supreme Council of Justice of Benin,

which is itself under the authority and direct control of the President of the Republic, and that

the first people to be indicted by the Court were political opponents. The Working Group had

been of the view that the person in question had been denied his right to be heard by an

impartial and independent tribunal, in violation of article 14 of the Covenant. 14 These

concerns are just as relevant in the present case. In addition, the Working Group is concerned

about the dual role of the special prosecutor in this case, since he had initiated the criminal

proceedings against Mr. Amoussou but was also, in theory, representing his interests as a

civil party in the trial of the abductors, while at the same time allegedly refusing to look for

evidence against their accomplices. This structural arrangement raises serious questions

about the neutrality of the proceedings, to which the Government has not provided an

adequate response. The Working Group therefore concludes that Mr. Amoussou was not tried

by an independent and impartial tribunal, in violation of article 14 (1) of the Covenant.

87.

In the light of the foregoing, the Working Group is of the view that the violations of

Mr. Amoussou’s right to a fair trial, as provided for in article 14 of the Covenant and articles

10 and 11 of the Universal Declaration of Human Rights, are of such gravity as to render his

deprivation of liberty arbitrary under category III.

13 Ibid., para. 30.

14 Opinion No. 21/2024, para. 76.

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(iv)

Category V

88.

Although the source did not expressly make any allegations under category V, when

a detention results from the active exercise of civil and political rights, there is a strong

presumption that the detention also constitutes a violation of international law on the grounds

of discrimination on the basis of political or other views. The Working Group will examine

ex officio the information relating to category V.

89.

The Working Group notes that Mr. Amoussou allegedly fled Benin in 2017 precisely

because he feared being arrested there on the basis of his political activism. The charges

against him are all related to political comments critical of the Government of President

Talon. In its response, the Government itself acknowledges that “Brother Hounvi” was

well-known on social media for his articles critical of the Government. During the trial, the

prosecutor allegedly claimed that Mr. Amoussou had, under the pseudonym “Brother

Hounvi”, accused the Beninese armed forces of having fired live ammunition at civilians.

90.

The Working Group underscores the broader context highlighted by United Nations

mechanisms: the Special Rapporteur on the promotion and protection of human rights and

fundamental freedoms while countering terrorism has expressed his concerns regarding the

use of provisions of the Digital Code against human rights defenders, political activists and

journalists;15 and similar concerns have been raised by the Committee on Economic, Social

and Cultural Rights 16 and in the context of the 2023 universal periodic review. 17 The

prosecution of Mr. Amoussou seems emblematic of the growing criminalization of freedom

of expression and digital rights in Benin. The Working Group notes that a similar pattern was

observed in the case of a Beninese journalist who was also arrested abroad and transferred to

Benin for incitement to rebellion and harassment through electronic communications, a case

that was brought to the Government’s attention by several Human Rights Council special

procedure mandate holders.18

91.

The Government asserts that the mere prosecution of a politically active person is not

sufficient to establish the existence of discrimination and that the source has not produced

evidence demonstrating differential treatment of persons in similar situations. However, the

Working Group is of the view that the existence of a more widespread practice of targeting

persons critical of the Government through the use of the Digital Code, the unfounded nature

of the charges against Mr. Amoussou, as established under category II, and the unlawful

cross-border operation carried out to bring him before the Beninese courts together constitute

a basis for inferring a discriminatory intent that has not been sufficiently refuted by the

Government. The Working Group therefore concludes that the deprivation of liberty of

Mr. Amoussou is arbitrary under category V in that it constitutes a violation of international

law on the grounds of discrimination based on political opinion, in violation of articles 2 and

7 of the Universal Declaration of Human Rights and articles 2 and 26 of the Covenant.

(v)

Concluding remarks

92.

The Working Group expresses serious concern regarding the allegations, uncontested

by the Government, that a member of Mr. Amoussou’s family was unlawfully detained and

forced to make a statement identifying Mr. Amoussou as “Brother Hounvi”. This statement,

obtained under duress, was allegedly used as evidence at the trial. If confirmed, this

information would reveal a serious violation of the right of a third party and further

underscore the widespread nature of the violations of procedural guarantees in this case.

93.

Furthermore, Mr. Amoussou was allegedly denied adequate medical care following

his transfer to the Beninese authorities, even though he had sustained physical injuries during

the abduction. According to the source, he was refused access to medical care because the

prosecutor wanted to prevent evidence of the physical violence from being documented and

the doctors contacted by the family refused to treat him for fear of reprisals. Mr. Amoussou

is also alleged to be in solitary confinement. In its response, the Government states that

15 A/HRC/58/47/Add.1, para. 77.

16 E/C.12/BEN/CO/3, paras. 9 and 10.

17 A/HRC/53/10, para. 136.99.

18 AL BEN 1/2025.

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Mr. Amoussou was examined by a doctor after complaining of pain in his arms and back and

that he is being held in conditions comparable to those of other detainees, in accordance with

applicable law. However, it provides no additional information or evidence. The Working

Group reminds the Government of Benin of its obligations under article 10 of the Covenant

and rules 1, 24, 25, 27 and 43 of the United Nations Standard Minimum Rules for the

Treatment of Prisoners (the Nelson Mandela Rules), which require that all persons deprived

of their liberty be treated with humanity and with respect for their dignity, including by

ensuring timely access to adequate medical care, and prohibit prolonged solitary

confinement. Timely and regular access to independent medical personnel and lawyers

constitutes an essential safeguard, both against arbitrary detention, torture and other

ill-treatment, and for the preparation of an effective defence.

94.

Finally, the Working Group urges the Government of Benin to review the provisions

of the Digital Code, in particular articles 550, 553 and 558, in the light of the concerns

expressed above, in order to ensure that the provisions are fully consistent with international

law.

3.

Disposition

95.

In the light of the foregoing, the Working Group renders the following opinion

regarding Benin:

The deprivation of liberty of Steve Zountinde Amoussou, being in contravention of

articles 2, 3, 6, 7, 9, 10, 11 and 19 of the Universal Declaration of Human Rights and

articles 2, 9, 14, 16, 19 and 26 of the International Covenant on Civil and Political

Rights, is arbitrary and falls within categories I, II, III and V.

96.

The Working Group requests the Government of Benin to take the steps necessary to

remedy the situation of Mr. Amoussou without delay and bring it into conformity with the

relevant international norms, including those set out in the Universal Declaration of Human

Rights and the Covenant.

97.

The Working Group considers that, taking into account all the circumstances of the

case, the appropriate remedy would be for the Government of Benin to release Mr. Amoussou

immediately and accord him an enforceable right to compensation and other reparations, in

accordance with international law.

98.

The Working Group urges the Government of Benin to ensure a full and independent

investigation of the circumstances surrounding the arbitrary deprivation of liberty of

Mr. Amoussou and to take appropriate measures against those responsible for the violation

of his rights.

99.

The Working Group requests the Government of Benin to disseminate the present

opinion through all available means and as widely as possible.

4.

Follow-up procedure

100.

In accordance with paragraph 20 of its methods of work, the Working Group requests

the source and the Government of Benin to provide it with information on action taken in

follow-up to the recommendations made in the present opinion, including:

(a)

Whether Mr. Amoussou has been released and, if so, on what date;

(b)

Whether compensation or other reparations have been made to Mr. Amoussou;

(c)

Whether an investigation has been conducted into the violation of

Mr. Amoussou’s rights and, if so, the outcome of the investigation;

(d)

Whether any legislative amendments or changes in practice have been made to

harmonize the laws and practices of Benin with its international obligations in line with the

present opinion;

(e)

Whether any other action has been taken to implement the present opinion.

101.

The Government of Benin is invited to inform the Working Group of any difficulties

it may have encountered in implementing the recommendations made in the present opinion

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and whether further technical assistance is required, for example through a visit by the

Working Group.

102.

The Working Group requests the source and the Government of Benin to provide the

above-mentioned information within six months of the date of transmission of the present

opinion. However, the Working Group reserves the right to take its own action in follow-up

to the opinion if new concerns in relation to the case are brought to its attention. Such action

would enable the Working Group to inform the Human Rights Council of progress made in

implementing its recommendations, as well as of any failure to take action.

103.

The Working Group recalls that the Human Rights Council has encouraged all States

to cooperate with the Working Group and has requested them to take account of its views

and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily

deprived of their liberty, and to inform the Working Group of the steps they have taken.19

[Adopted on 24 March 2026]

19 Human Rights Council resolution 60/8, paras. 6 and 9.