VIII. REPLY
88. The Applicant in his Reply (Doc. 8), objected to the application for
provisional measures and the preliminary objection raised by the Respondent
refuting the Respondent's arguments, reiterating the jurisdiction of this
Court, stating that what is at issue is the alleged violation of his human rights.
IX. PROCEDURE BEFORE THE COURT
1. Provisional Measures
89. As already mentioned in paragraph 6 of this Judgment, with the original
application, the Applicant filed an application for provisional measures (
doc.2), alleging that following the waiver of his immunity as a Member of
Parliament under the conditions described above, Mr. Agbéyomé Messan
Kodjo was summoned, arrested on April 21, 2020 and imprisoned for three
(03) days in the premises of the Central Research and Criminal
Investigations service of the Togolese gendarmerie.
90. The Applicant was subsequently referred to the prosecutor's office of the
Lomé First Class Court of First Instance where an investigation was opened
against him by way of an indictment.
91. he Dean of investigating judges charged Mr. Agbéyomé Messan Kodjo
and placed him under judicial control under the following conditions: “1 obligation to comply with our various summonses as soon as necessary; 2 prohibition to leave the national territory without our express authorization;
3 - prohibition to make any statement tending to call into question the results
of the last presidential elections of February 22, 2020; 4 - prohibition of any
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