62. The Republic of Togo asks the Court to find that inquires have already been carried out on the incriminating charges, and to rule in favour of the Republic of Togo, that the latter will soon set out to repair the harms done. 63. The issue before the Court is to determine whether within the circumstances depicted above, it could be considered that the Republic of Togo's mechanism of Justice, Truth and Reconciliation Commission (CVJR) is consistent with its obligation under Article 7(1)-d of Charter, which makes it mandatory for it to ensure that the Applicants' cause is heard in reasonable time. 64. The Court notes that it is apparent from the averments of .the Republic of Togo that in regard to the acts of violence which occurred and in setting up the CVJR, the national authorities of Togo intended to render inapplicable to the tragic events that took place, the penal law of Togo. No pleading filed in connection with the case, and no argumentation put forth, is the least inclined to that line of thought. Conversely, it cannot be denied that the Republic of Togo acknowledges that "the transitional justice system does not prevent the ordinary justice. System from following its normal course". 65. In such circumstances, the Court is of the view that the inaction of the Togolese judicial authorities, in terms of investigating the complaints brought by the Applicants and examining their cause in accordance with Togolese law, during a period of 3 or 4 years for some, and 7 years for others; resulted in a situation where it had become clearly obvious that the Applicants' right to have their cause examined in reasonable time had been violated. - 66. The Court adjudges that by acting in the manner it did, the Republic of Togo violated Article 7(1)-d of the African Charter on Human and Peoples' Rights·, and it shall be appropriate to cease that violation by proceeding to conduct a prompt trial on the complaints brought by the Applicants, in such manner as to grant them their right to be heard 1n reasonable time. 17

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