37. The Republic of Togo therefore concludes that it is erroneous for the
Applicants to talk of arbitrary detention, and asks the Court to dismiss
their requests, intents and orders sought.
Analysis of the Court
38. Article 6 in fine of the African Charter on Human and Peoples' Rights
provides:''... no one may be arbitrarily arrested or detained."
39. Article 9 of the Universal Declaration of Human Rights provides: "No
one shall be subjected to arbitrary arrest, detention or exile."
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40. Article 9(1) of the International Covenant on Civil and Political Rights
provides: "Everyone has the right to liberty and security of person. No
one shall be .subjected to arbitrary arrest or detention. No one shall be
. deprived of his liberty except on such grounds and in accordance with '·
such procedure as are established by law."
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41. The combination of these provisions prohibit all forms of arbitrary
arrest, detention and exile; the same provisions equally prohibit denial
of liberty except on grounds provided by law.
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42.The Court notes that the Applicants Innocent Kakou Assima and Narcisse
···-··----- Dosseh Kpanou Azanleko were arrested and charged with the o ff e nces ·- ,
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of criminal association and attempted violation of State security, and
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that they were detained for five (5) days at the National Gendarmerie
and more than one hundred and four (104) days on the premises of the
National Intelligence Agency (ANR) .
43. Act No. 80-1 of 13 August 1980 which put in place the criminal code
applicable to Togo provides in its Article 9:
"... Crimes and less se rious offences are categorised as follows, as to
whether they violate: (1) individuals (2) families (3) moral values (4) .
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properties (5) State authority (6) public peace (7) the national treasury,
the public domain or the national economy (8) State security."
44. Chapter VIII of the said Act spells out offences against State security and
prescribes the applicable punishments and sanctions.
45. Act No. 83-1, which put in place the Criminal Code of Togo, provides in.
Article 52:
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