80. That following the preliminary investigation, the Applicant was charged
by the dean of investigating judges, who released him on parole.
81. That the proceedings are legally ongoing and it is against all expectations
that the Applicant seeks from this Court to stay the criminal proceedings;
82. That as the Court underlined in one of its jurisprudences “granting this
application is equivalent to interfering with the criminal proceedings
initiated and pending before the Togolese Courts”.
83. And even if the Applicant refers to the international provisions for the
protection of human rights, it is clear that the application regarding the
staying of the criminal proceedings legally initiated against the Applicant
does not fall within the jurisdiction of this Court, because to do so would
“interfere with the internal proceedings of the Togolese State.”
84. The Respondent concludes that this court clearly lacks jurisdiction to
hear the Applicant’s main claim concerning the staying of the ongoing
criminal proceedings.
b. Pleas in Law
85. The Respondent, in support of its case, cited Article 79 (1) of the Rules
of Procedure of the National Assembly of the Togolese Republic, Articles
22, 112 to 124 of the Code of Criminal Procedure, 495 (3), 497, 663 and 664
of the Criminal Code all in force in Togo; Articles 6, 7 and 9 (2) of the
African Charter, Articles 10 and 19 of the UDHR, Articles 9 and 14 (1st and
2nd sentence) (3,b) of the ICCPR and Article 6 of the European Convention
on Human Rights.
86. Further in support of its pleas, the Respondent relied on national and
international jurisprudences.
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