58. Article 10(1) of the International Covenant on Civil and Political Rights
provides: "All persons deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the human
person."
59. The Court insists on the fact that before it concludes on the issue of
occurrence of human rights violation, the concrete proof of the facts
upon which the Applicants base their claims must be established with a
high degree of certainty, or at least, there must be a high possibility of
the claims appearing to be true, upon scrutiny. In this regard, mere
allegations
do not suffice
to
elicit
the
conviction of the
Court.
Nevertheless, as regards the allegations of torture levelled against the
'
· authorities responsible for investigation and· the prison administration,
the
Court
considers
whether 'real opportunities
proofs
of evidence.
existed
Applicants
to obtain
-vulnerable
situation, it can reasonably be presumed that
for
the
Finding themselves in a
real difficulties
existed for the Applicants to gather evidence on the appalling acts they
were subjected to, such that the burden of proof shall be shifted to the
Republic of Togo, to prove that there were no acts of torture or acts
similar to torture.
·'.
-- --· 60. It is incontrovertible that items of Article 13 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment: "Each State Party shall ensure in its legal system that any
individual who alleges he has been subjected to torture in any territory
under its jurisdiction has the right to complain to, and to have his case
promptly and impartially examined by, its competent authorities. Steps
shall be taken to ensure that the complainant and witnesses are
protected against all ill-treatment or intimidation as a consequence of
his complaint or any evidence given. "
61. Besides, Article 12 of the same instrument provides: "Each State Party
shall · ensure that its competent authorities proceed to a prompt and
impartial investigation, wherever there is reasonable ground to believe
that an act of torture has been · Committed in any territory under its
jurisdiction."
In the terms of . Article 15 of the- same Convention: ''Each State Party
shal1 ensure that any statement which is established to have been
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