14. The Repu·blic of Togo submits that if Plaintiff Counsel fails to justify
the true existence of the Applicants by means of irrefutable legal
evidence, it shall be appropriate to declare the action brought by the
Applicants as inadmissible for lack of locus standi and lack of capacity to
sue in court.
Analysis of the Court
Regarding jurisdiction
15. In several of its judgments, the Court has consistently held that its
jurisdiction shall be upheld whenever an application submitted before it
invokes human rights violation arising from the provisions of Article 9(4)
of the Protocol on the Court as amended by the 19 January 2005
Supplementary Protocol, which provides: "The Court has jurisdiction to
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determine cases of violation of human rights that occur in any Member
State." (Refer notably to: Judgment on Case Concerning Hissein Habre v.
Republic of Senegal, 14 May 2010, §53, §58 and §59; Judgment on Case
Concerning Alhaji
Mohammed Ibrahim Hassan v. Gombe
State
and
Federal Republic of Nigeria, 15 March 2012, §38; Judgment on Case
Concerning Sa'adatu Umar v. Federal Republic of Nigeria, 12 June 2012,
§16).
16. Conside-ring the- circumstances of the case, notably the. charges brought,
the arguments and pleas in law invoked, as well as the orders sought by
the Applicants, the Court is of the view that the substance of the dispute
centres essentially on alleged human rights violations which occurred on
:
the territory of the Republic of Togo, a Member State of ECOWAS . The
Court therefore adjudges that it has jurisdiction to
adjudicate on the
requests brought.
Regarding admissibility
17. Article 10(d) of the Protocol on the Court as amended by the 19 January
2005 Supplementary Protocol provides: “Access to the Court is open to
(...) individuals on application 'tor relief for violation of their human
rights; the submission of application for which shall:
(i)
Not be anonymous; nor
(ii)
Be made whilst the same matter has been instituted before
another International Court for adjudication."
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