"Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty 1 except on such grounds and in accordance procedure as are established by law" with such I Article 6 of the African Charter on Human and Peoples' Rights: "Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained." As to damages • ' 37. The Applicant maintains that be is a Director of several business companies incorporated ill Lome and outside Togo. In Ghana for example, he states that he operates an airline. For all these reasons, Sow Bertin Agba pleads that the harms done. him are of a material, moral, psychic and psychological nature and asks for the sum of One Million US Dollars (USD 1,000,000}. To buttress his claim, he invokes Article 9(5} of .the International Covenant on Civil and Political Rights, which provides: “Anyone who has been victim of unlawful arrest or detention shall have an enforceable right to compensation.” 38. The Court recalls that since the US Dollar is a currency which is foreign ·,. to the ECOWAS zone, the amounts of money asked for as damages must henceforth be evaluated in the currencies of the Member States. 39. Counsel for the Applicant converted the amount requested and claimed the equivalent value of 1 Million US Dollars (i.e. the amount CFA F 500,000) in damages. - 40. The Republic of Togo, the Defendant, objects to that request and maintains that the amount asked for by the Applicant has no legal basis. 41. The Court holds that Sow Bertin Agba does not file any justifying evidence to losses he incurred or in respect of any revenues he would have had to earn during the period of his detention. He does not lodge 11 11

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