Commission to make a resolution during its Sixty-second Ordinary Session
(ACHPR/Res.397 (LXII) 2018 (9 May 2018)) expressing its concerns for the
protests and condemned the related human rights abuses.
5. They averred that the protests were premised on Constitutional reforms, which
sought to limit the Presidential term to two terms, but the protests were banned or
re-routed by the government. That following this the government proceeded to
shut-down the internet and use excessive force to quell down the protests. That in
quelling these protests, protesters were abused and mistreated, some eleven (11)
protesters were killed which includes two members of the armed forces, three
children aged 11 and 14 years respectively. That there were several wounded
protesters which included the Secretary-General of the opposition party, PanAfrican National Party (PNP).
6. They further averred that subsequently, about sixty of the protesters were
sentenced to up to sixty months of imprisonment for offences ranging from assault,
violence against public officials, aggravated disturbances of public order and
aggravated theft. That due to the widespread protest the Togolese authorities
restricted the right to freedom of expression by arbitrarily shutting down media
outlets and arresting certain persons who had protested. That the Government, in
furtherance of quelling the protests, proceeded to give instructions for the drafting
of a legislation that will enable the government to block internet access at will
without judicial oversight.
7. More specifically, the Applicants alleged that due to a planned three day protest
by the opposition party, Pan-African National Party, from the 6th to 8th September,
2017 a well-documented restriction of shutdown and disruption of internet access
was reported. The Applicants averred further that a report of a more prolonged
period of shutdown was reported by some thirty-five NGOs by way of a letter.
8. The Applicants also averred that it has submitted evidence pointing to the fact that
two major internet operators, Togocel and Moov, were rendered inaccessible, with
sms services severely disrupted even-though they are reported as entities with
control over the internet. The Applicants submitted that these operators had been
ordered to leave open diplomatic and government services whilst shutting or
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