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 Now, the Court notes that in the instant case, the Applicants do not cite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