I
ASTO LAW
JURISDICTION OF THE COURT AND ADMISSIBILITY OF THE APPLICATION
Arguments of the Applicants
11.
The Applicants submit that the Application is admissible on the
grounds of Articles 9(4) and 10 of the Protocol on the Court as amended
by the 19 January 2005 Supplementary Protocol, which provide
respectively: "The Court has jurisdiction to determine cases of violation
of human rights that occur in any Member Staten... "Access to the
Court is open to ... individuals on application for relief for violation of
their human rights". They further submit that since human rights are
inalienable, timeless and sacred, they
limitation whatsoever.
cannot
suffer
any form
of
Arguments of the Republic of Togo
12. The Republic of Togo argues that it is a cardinal
principle in judicial
procedural law that any person who initiates an action in court shall
justify his locus standi and that one of the essential conditions is a clear,
obvious and precise identity of the applicant. It further argues that the
_ _ court before which the case_ !s brought shall ensure that the (cant(s)
really exist(s). But, as contends the Republic of Togo, the identification
of the Applicants is imprecise, and this springs serious doubts as to
whether the Applicants truly exist or not.
13. Furthermore, the Republic of Togo argues that the instant suit was filed
upon the initiative of the Coalition of Associations Against Impunity in
Togo (CACIT), whose President is no . other person than
Maitre Zeus
Ajavon. The Republic of Togo alleges that CACIT is indeed a political
organisation whose links with political parties publicly known. It affirms,
on that ground, that all forms of political intrigues are possible, towards
coming up with a schedule of activities
for justifying the finances
engaged. i_n or for vilifying the Republic of Togo, the latter entertaining
fea r s that the national and regional judicial institutions may thereby be
manipulated by way of intrigues in the court procedur e.
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