satisfied. The Court therefore - adjudges Ithat the requests brought are
admissible.
A- Arbitrary arrest and detention
Arguments advanced by Innocent Kakou Assima and Narcisse Dosseh
Kpanou Azanleko
\
33. Messrs. Innocent Kakou Assima and Narcisse Dosseh Kpanou
Azanleko
contend that they were detained for five (5) days at the National
Gendarmerie for more than one hundred and four (104) days, on the
premises of National Intelligence Agency (ANR), in serious and manifest
violation of Article 52 of the Code of Criminal Procedure of Togo.
, 34, They maintain that the measures of detention
were arbitrary and
violate Article 6 in fine of the African Charter on Human and Peoples'
,Rights, Article 9 of the Universal Declaration of Human Rights and Article
9(1) of the International Covenant on Civil and Political Rights.
Arguments advanced by the Republic of Togo
35. The Republic of Togo counter? that assertion by stating that in the
terms of Article 9 of the International Covenant on Civil and Political
Rights, a measure of detention is arbitrary when it has no basis and
when it is inconsistent with the procedure provided by law.
36. The Defendant State observes that in the instant case, the Applicants
are in the grips of the law for acts dat ing back to the period from March
to July 2010, which may be described as acts amounting to criminal
association and attempted violation of State security. The Republic of
Togo contends further that the case is pending before Trial Chamber 3 of
the Court of First Instance of Lome· ,and that as things
Applicants
have acknowledged
having
committed the
stand, the
offences
in
question. The Republic of Togo maintains that the Applicants were
•
arrested and detained in accordance with the procedure in force. It
pleads further
that since 12 March 2012, the Applicants have been
granted provisional release by the Investigating Judge, in line with the
law.
10