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
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