Thursday, April 23, 2020, whereas, his hearing ended the day before, around 4:30 p.m., with all due reservations; 216. By failing to notify the Applicant of the charges brought against him without delay upon his arrest at his home, the investigators failed to comply with a substantial constitutional formality which renders his arrest arbitrary and, therefore, his detention at the investigators’ premises also arbitrary. 217. The Respondent, on its turn, claimed that in fact, following the requisitions of the Federal Attorney, the judicial authority responsible for criminal prosecution in accordance with the Code of Criminal Procedure, the Central Bureau for Criminal Research and Investigations invited the Applicant to appear on three (3) consecutive occasions, but the latter did not deign to appear, which constitutes disobedience to judicial authority; that it was following this refusal that the Central Bureau of Investigation and Criminal Investigations proceeded to arrest the Applicant in order to further investigate the facts of aggravated disturbance of public order, violation of the internal security of the State and dissemination of false news of which he was accused, in accordance with the requisitions of the Federal Attorney that the Applicant was heard, kept in police custody in accordance with the Code of Criminal Procedure and was presented to the Public Prosecutor, who opened a judicial information with the Dean of Investigating Judges, who in turn charged him with aggravated disturbance of public order, violation of the internal security of the State and dissemination of false news, offenses provided for and punishable by Article 495 (3), Articles 497, 663 and 664 of the Togolese Criminal Code; that it is apparent from all the foregoing that it was on the basis of the judicial proceedings that the Applicant was arrested and charged with various offenses and placed on probation; that given the 57

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