remarks, statements, or attitudes tending to question and undermine the
existing constitutional and institutional order”.
92. After 03 days in police custody, of which he was not notified, in
infringement of the law, he was sued before the prosecutor’s office, then
brought before the dean of investigating judges, who charged him, allowing
him to be released, subject to conditions that violate his freedom of opinion
and political commitment.
93. That it is necessary and urgent that interim measures be ordered to put
an end to the violations of his fundamental rights, pending a decision on the
merits of the substantive cause.
94. The Respondent, on its turn, contended that this Court lacked jurisdiction
to entertain the application for provisional measures, arguing that the
Applicant is subject to criminal proceedings for aggravated disturbance to
public order, violation of the internal security of the State, dissemination of
false news, offenses provided for and punished by Article 495 (3), Articles
497, 663 and 664 of the New Criminal Code of Togo, at the date of the facts;
that following the preliminary inquiry, the Applicant was charged by the
Dean of Investigating Judges, who released him on parole; that prior to the
opening of the investigation, the Applicant brought an action before the
Lomé Court of First Instance seeking the annulment of the resolution
waiving his parliamentary immunity; that, assisted by two lawyers, he
brought an application for accelerated procedure for the case to be heard at
an extraordinary hearing; that the case was heard and argued; that a decision
was handed down on 18 May 2020; that the Court declared itself incompetent
to annul the resolution of the National Assembly that lifted his parliamentary
immunity; that, in exercise of his right of appeal under the law, the Applicant
filed an appeal against the said decision; that the Court of Appeal will
consider his appeal both as to form and as to merit; that as this Court has
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