him to demonstrate that the prison authorities did not take the required measures, or that the measures taken did not suit the particular circumstances of the case. I . 74. Now, the Court notes that in the instant case, the Applicants do not cite any notable reported incident or proof in support of their complaints, which may have demonstrated either the non-existence or unsuitability of the healthcare they complained of. The Court therefore concludes that the arguments made by the Applicants in that regard have no basis. Consequently, the Court adjudges that violation of the Applicants' right to health as sanctioned by Article 16 of the said Charter, is not established. . ' ) D- Right to trial in reasonable time and time for preventive detention ., Arguments advanced by Hermes Da-Silveira, Kodzo Tunu Kpakpo, Kossi Dovi ' Tudzi, Komi Adjete Djifa Akakpo, Kodza·zuzuwe Foly and Yaovi Mawulikplimi 75. The Applicants maintain, in terms of their six-year long preventive detention, that the Republic of Togo violated Article 7(1)-d of the African Charter on Human and Peoples' Rights, Articles 9(3) and 14(3)-c of the· International Covenant on Civil and Political Rights, Principle 38 of the16 December 1988 Body of Principles for the Protection of All Persons= under Any Form of Detention or Imprisonment, which essentially sanction the right to trial in reasonable time. 76. They plead that the European Court of Human Rights declared that the existence of serious evidence of guilt in respect of an accused person does not, alone, justify continued provisional detention (Judgments: Daugy v. France, 23 March 1999; Richard v. France, 12 October 1999). They submitted further that the persistence of plausible suspicion against a detainee does not suffice, all alone, to justify detention at the end of a certain period of time, and that the only concern to preserve public order and avoid a repetition of the offence cannot serve as a substitute (Judgment: Debboud v. France, 9 November 1999). Arguments advanced by the Republic of Togo 77. The Republic of ...Togo argues that it is erroneous for the Applicants to . . claim violation _of their right to trial in reasonable time, by virtue of the long period of their preventive detention, more so when since 12 March ' 19

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