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

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