.. .
10. It is for all these reasons that he brought his case before the Court,
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asking the Court to:
-Adjudge and declare that the refusal to release the Applicant
on
provisional grounds, following the court decisions made to that effect,
constitutes an arbitrary and illegal detention in regard to the legal
provisions cited above;
-To order the Republic of Togo to release him provisionally, by adhering
to Judgment No. 009 of the Criminal Chamber as delivered on 23 January
2012;
-To ask the Republic of Togo to pay to him, in reparation for the harm
done him, and in compliance with Article 9(5). of the International
Covenant on Civil and Political Rights, the sum of USD 1,000,000 as
damages for all the prejudice suffered.
11. The Applicant asked for expedited procedure on the grounds that the
Republic of Togo, having adopted the Protocol on Democracy and Good
Governance,
violates
the
provisions
of same legal instrument,
by
refusing to enforce a lawfully made court decision delivered in the
Republic of Togo.
The facts of the case a,s narrated by the Republic of Togo
12. The Republic of Togo, in a Memorial in Defence dated 8 January 2013,
maintained that
Mr.
Abass AI Youssef, an Emirates businessman, was
requested by some alleged pare-nts of the late lvorian President Robert
Guei, to help them transfer from Togo to a foreign country, a fortune of
275 Million US Dollars, which allegedly belonged to the late President
Robert Guei. Mr. Abass AI Youssef then dispatched to Lome, Mr. Loik
Floch-Prigent, his partner and expert
in African affairs, to establish
I
contact with the supposed parents of President Guei, and especially,
assess the genuineness of their claims. Mr. Loik Floch-Prigent reported
back to Mr. Abass AI Youssef that the business was a promising one.
13. Thus, Messrs. Pascal Bodjona and Sow Bertin Agba became participants
in the deal and succeeded in defrauding Mr. Abass AI Youssef of
successive advance
fees totalling USD 12,825,000 supposedly for
4
)