96.In fact, the decision to detain Mr. Mado was taken by a Togo judicial
authority.
97.It follows from the foregoing that the application must be declared
inadmissible, because the facts are statute-barred or not in accordance
with the case law of the Court of Justice.
b. Pleas in Law:
98.The Respondent based its claim on Articles 11, 15, 19, 21, paragraphs 1
and 2 of the Togolese Constitution; 29 of the Law on the General Status
of Military Personnel of the National Army, of December 17, 1963; 3, 4,
5, 6 and 7 (1) (d) of the African Charter on Human and Peoples' Rights;
5, 10, 23 (1) of the Universal Declaration of Human Rights of December
10, 1948, 7, 9 (1), 10 (1), 14 (3) (c) of the International Covenant on Civil
and Political Rights of 16 December 1966; 4 of the Declaration on
Fundamental Principles of Justice for Victims of Crime and Abuse of
Powers; the Amnesty Act of December 22, 1994 and 6 (1) of the
International Covenant on Social, Economic and Cultural Rights.
c. Reliefs Sought:
99.The Respondent submitted that the Court should:
With regards to the form:
i. Grant the reliefs sought by the Togolese Republic;
ii. On the other hand, declare the application dated 8 December 2016
inadmissible, based on the grounds relied on by the Togolese Republic;
On the merit:
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