made ·as a result of torture shall not be invoked as evidenced in any
proceedings, except against a person accused of torture as evidence
that the statement was made."
62. In its mandate to protect human rights, the Court always endeavours to
ensure that all the obligations entrusted upon the States constitute an
indivisible whole. In that sense, and in the light of the above-cited
Articles 12 and 13, the Court is of the view that the State authorities are
first and foremost required to investigate allegations of torture any time
there are reasonable grounds to believe that such acts have been
committed.
'
'
63. Hence, the Court considers that the allegations brought before it by the
'
0
Applicants in 2011 against the Republic of Togo do prove that there are
':.
reasonable
grounds
to
believe
that
such acts were
perpetrated.
Consequently, the Republic of Togo is under obligation to abide by the
relevant provisions of the Convention against Torture and Other Cruel,
Inhuman
or
Degrading Treatment
or
Punishment. Therefore, the
Defendant State cannot make a claim on the ground that it had not been
informed .of the existence of acts of torture. Thus, if it has not initiated
inquiries into the matter since
_... the case came before the instant Court, it
;
......•...
.
'
.
.
must take the appropriate- -measures to that effect, in accordance with
the Article 12 cited above.
\
64. Consequently, the Court adjudges that at this stage of the proceedings, the
Applicants'
request
that
the
Court find that
there is violation of
Articles 4 and 5 of the African Charter on Human and Peoples: Rights,
Article 5 of the Universal Declaration of Human Rights, Articles 7 and
10(i) of the International Covenant on Human and Peoples' Rights, in
.
'
terms of the alleged acts of torture, is premature and cannot thrive as at
now.
65. The Applicants equally ask to be set aside, in accordance with Article 15
of the Convention against Torture, all the declarations extracted from
them under duress, to be used as evidence in the proceedings brought
against them. The Court is of the view that the Republic of Togo must
ensure that its courts observe the provision cited above, for the
purposes of ensuring that the Applicants are guaranteed fair trial.
16