"Everyone has the right to liberty and security of person. No one shall
be subjected to arbitrary arrest or detention. No one shall be deprived
of his liberty 1 except on such grounds and in accordance
procedure as are established by law" with such
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Article 6 of the African Charter on Human and Peoples' Rights: "Every
individual shall have the right to liberty and to the security of his
person. No one may be deprived of his freedom except for reasons and
conditions previously laid down by law. In particular, no one may be
arbitrarily arrested or detained."
As to damages
•
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37. The Applicant
maintains that be is a Director of several business
companies incorporated ill Lome and outside Togo. In Ghana for
example, he states that he operates an airline. For all these reasons, Sow
Bertin Agba pleads that the harms done. him are of a material, moral,
psychic and psychological nature and asks for the sum of One Million US
Dollars (USD 1,000,000}.
To buttress his claim, he invokes Article 9(5} of .the International
Covenant on Civil and Political Rights, which provides: “Anyone who has
been victim of unlawful arrest or detention shall have an enforceable right to
compensation.”
38. The Court recalls that since the US Dollar is a currency which is foreign
·,.
to the ECOWAS zone, the amounts of money asked for as damages must
henceforth be evaluated in the currencies of the Member States.
39. Counsel for the Applicant converted the amount requested and claimed
the equivalent value of 1 Million US Dollars (i.e. the amount CFA F
500,000) in damages.
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40. The Republic of Togo, the Defendant, objects to that request and
maintains that the amount asked for by the Applicant has no legal basis.
41. The Court holds that Sow Bertin Agba does not file any justifying
evidence to losses he incurred or in respect of any revenues he would
have had to earn during the period of his detention. He does not lodge
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