49. In such conditions, the Court deduces that holding-the Applicants in custody, at the mercy of the Criminal Investigations Department, in excess of the two (2) days provided for by the Code of Criminal Procedure, without a judicial decision authorising so, is arbitrary and abusive, in the instant case. 50. The Court adjudges therefore that the Republic of Togo violated Article 6 in fine of the African Charter on Human and Peoples' Rights. B- Torture Arguments advanced by Hermes Da-Silveira, Kodzo Tunu Kpakpo, Kossi Dovi Tudzi, Komi Adjete Djifa Akakpo, Kodzo Zuzuwe Foly and Yaovi Mawulikplimi, and Innocent Kakou Assima and Narcisse Dosseh k" panou .• Azanleko ' (-..., , - 51. Hermes Da-Silveira, Kodzo Tunu Kpakpo, Kossi Dovi Tudzi, Komi Adjete Djifa Akakpo, Kodzo Zuzuwe Foly and Yaovi Mawulikplimi argue that at the Intelligence Processing Centre (CTR), currently National Intelligence Agency (ANR), and at the National Gendarmerie (SRI) and RIT, they were subjected to daily beatings, constant slaps and morning floggings. They claimed that they were forced to sleep on bare cem .e11ted floor, without m-a that they were made to wear their handcuffs for several consecutive days, without virtua lly having to remove them; that they were incarcerated in spite of their precarious health condition, and that the prison authorities denied them appropriate healthcare. 52. They maintain that such treatments violate their dignity and their physical and mental health; that when considered together with the refusal by the prison authorities to offer healthcare to the Applicants Yaovi Mawulikplimi Ametepe, Kodzo Zuzuwe Foly and Tunu Kodzo Kpakpo, those acts constitute acts of torture, and that the said maltreatments are still going on. 53. On their part, Innocent Kokou Assima and Narcisse Dosseh Kpanou Azanleko contend that by the acts of its officers, the Republic of Togo inflicted "atrocious suffering" on them. In particular, they allege that they were tied to a bed for ninety-four (94) hours, denied the right to receive visits, and were allowed to go to toilet and take their bath only once a day. 13

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