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C. CONCERNING THE RISK OF IMPUNITY OF THE ALLEGED VIOLATIONS
As to the admissibility of such grievance
67. The Applicants aver that the Republic of Togo encourages impunity by
failing to institute an inquiry into their complaints, in violation of Point
16(a) of the 23 October 2002 Robben Island Guidelines, which deals with
the directive principles and measures for the prohibition and prevention
of torture and cruel, inhuman or degrading punishment or treatment in
Africa.
68. The Republic of Togo invokes CVJR as a body put in place to fight against
impunity.
69. The Court adjudges that when it is seized with a case of human rights
violation, then it entrusted with the duty of examining, in the final
analysis, whether or not there is a specific human rights violation. The
Court strictly limits itself to determining whether the human rights
enshrined in the international instruments recognised within the
framework of ECOWAS w re respected or not by the Sate complained of_
before the Court. The Court recalls, in this connection, that it has already
--ruled that the Applicants' right to be heard within reasonable- time is
violated and they must therefore be tried in reasonable time. Thus, it is
not the duty of the Court to proffer general views on the attitude of a
State. Consequently, the Court is of the view that this particular
grievance brought by the Applicants is inadmissible and must ·therefore
be dismissed. And there are no further grounds for considering the other
pleas in law invoked.
DECISION
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For these Reasons
70. The Court,
Adjudicating in a public hearing, after
hearing both Parties, and after
deliberation:
Adjudges that it is has jurisdiction to adjudicate on the case;
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