49. In such conditions, the Court deduces that holding-the Applicants in
custody, at the mercy of the Criminal Investigations Department, in
excess of the two (2) days provided for by the Code of Criminal
Procedure, without a judicial decision authorising so, is arbitrary and
abusive, in the instant case.
50. The Court adjudges therefore that the Republic of Togo violated Article
6 in fine of the African Charter on Human and Peoples' Rights.
B- Torture
Arguments advanced by Hermes Da-Silveira, Kodzo Tunu Kpakpo, Kossi Dovi
Tudzi,
Komi
Adjete
Djifa
Akakpo,
Kodzo Zuzuwe
Foly
and Yaovi
Mawulikplimi, and Innocent Kakou Assima and Narcisse Dosseh k" panou
.•
Azanleko
'
(-...,
,
-
51. Hermes Da-Silveira, Kodzo Tunu Kpakpo, Kossi Dovi Tudzi, Komi Adjete
Djifa Akakpo, Kodzo Zuzuwe Foly and Yaovi Mawulikplimi argue that at
the Intelligence Processing Centre (CTR), currently National Intelligence
Agency (ANR), and at the National Gendarmerie (SRI) and RIT, they were
subjected to daily beatings, constant slaps and morning floggings. They
claimed that they were forced to sleep on bare cem .e11ted floor,
without m-a that they
were
made to
wear their handcuffs for
several consecutive days, without virtua lly having to remove them;
that
they were incarcerated in spite of their precarious health
condition, and that the prison authorities denied them appropriate
healthcare.
52. They maintain that such treatments violate their dignity and their
physical and mental health; that when considered together with the
refusal by the prison authorities to offer healthcare to the Applicants
Yaovi Mawulikplimi Ametepe, Kodzo Zuzuwe Foly and Tunu Kodzo
Kpakpo, those acts constitute acts of torture, and that the said
maltreatments are still going on.
53. On their part, Innocent Kokou Assima and Narcisse Dosseh Kpanou
Azanleko contend that by the acts of its officers, the Republic of Togo
inflicted "atrocious suffering" on them. In particular, they allege that
they were tied to a bed for ninety-four (94) hours, denied the right to
receive visits, and were allowed to go to toilet and take their bath only
once a day.
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