5. On 22 July 2011, when the Applicant and t h e complainant brought their
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opposing claims before the Investigating Judge, the Defendant, Mr.
Abass AI Youssef, failed to bring any evidence on the allegations he had
made in respect of fraudulent steps the Applicant may allegedly have
taken to entice the said Mr. Abass AI Youssef to give him the sum of 48
Million US Dollars. That was why an application for provisional release
was filed on 2 August 2011, but it was rejected.
6. On 16 December
2011, the Applicant filed another application for
provisional release, which was again dismissed by the Investigating
Judge. The Applicant appealed and the Criminal Chamber, by Judgment
No. 009 of 23 January 2012, ordered that the Applicant be released on
'
'
provisionel grounds, upon the payment of CFA F 150,000,000 as surety.
7. On 20 June 2012, the Supreme Court, in Judgment No. 48/12, dismissed
the appeal filed by the Public Prosecutor and decided that the judgment
of the Criminal Chamber shall take its full effect.
8. The surety of CFA F 150,000,000 was paid on 23 July 2012 to the finance
division of the Supreme Court, through a cheque signed by the Presiding
Member of the Bar Association at the --t of Appeal ,of .Lome,
with.
whom the money was duly lodged on 25 June 2012. Despite the fact that
he had complied with the judgment of the Criminal Chamber by paying
the stipulated amount, the Public Prosecutor refused to issue to the
Head of the Tsevie civilian prison, where the Applicant was incarcerated,
the order for the provisional release of the Applicant.
9. The Applicant contended that his human rights have been ,violated and
he invoked the following pleas in law:
-
-Violation of Article 9 of the 10 December 1948 Universal Declaration of
Human Rights;
-Violation of Article 6 of the 27 June 1981 African Charter on Human and
Peoples' Rights;
-Violation of Article 9 of the 16 December 1966 International Covenant
on Civil and Political Rights.
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