framework of the Truth, Justice and Reco11ciliation Commission (CVJR),
the recommendations which propose that the victims should be
compensated will soon be implemented.
28. The Republic of Togo therefore requests the Court to find that inquiries
have already been conducted on the criminal charges brought, and to
declare in favour of the Republic of Togo, that it will soon give effect to
the reparation of the harms done.
29. Finally, with respect to all the Applicants, the Republic of Togo asks the
Court to adjudge and declare that the applications for compensation
have no basis, to dismiss the requests brought by Applicants in all their
intents and purposes, and to ask the Applicants: to pay the costs.
'
'
LEGAL ISSUES
Jurisdiction of the Court and admissibility of the applications
30. The Republic of Togo neither contests the jurisdiction of the Court over
the matter in issue nor the admissibility of the applications :filed. The
Court shall ensure nevertheless that in all the cases brought before it, it
has jurisdiction to adjudicate over th-e matter and that the application is
admissible.
31. In the
instant
case, the Applicants
allege
human
rights violation
pursuant to the African Charter on Human and Peoples' Rights, the
International Covenant on Civil and Political
against Torture
and Other Cruel, Inhuman
Rights, the
Convention
or Degrading Treatment or
Punishment, instruments ratified by the Republic of Togo. The Court
adjudges. that, following its consistently held case law, it has jurisdiction
to adjudicate in a case once the subject-matter of the application is on
allegations of human rights violations which occurred in a Member State
of ECOWAS.
-
32. Moreover, the Applicants are the persons who declare. having suffered
.the allegations they brought forth. They therefore assume the status of
victims. Besides, since the Application is not anonymous and has not
been filed before another competent International Court, the criteria for
admissibility as provided for by Article 10(d) of the new Protocol on the
Court as amended by the 19 January 2005 Supplementary Protocol, are
9