any medical certificate to attest
degrading
to attest
to torture'- inhuman
treatment which he claims to have suffered
or
on the
premises of the National Intelligence Agency (ANR).
In the absence of proofs of evidence, the Court is not in a position to
award damages for material damage. But the Court finds that having
been subjected to illegal detention from 25 June 2012 to 16 April 2013,
i.e. for 9 months and 21 days plus 16 days in police custody, the
Applicant
suffered
undoubted moral
harm;
whereas
it
shall
be
appropriate to award him damages in reparation thereof.
FOR THESE REASONS
42. In terms of formal presentation
The Court,
Declares that the Application of Sow Bertin Agba is admissible;
'
Declares that there is no ground for adjudication on the application
for expedited procedure.
43. In terms of merits
· As regards the application for the provisional release of Sow Agba
Since the Applicant was released on provisional grounds in the course of the
adjudication by the instant Court, there is no ground for adjudication on that
matter.
As regards the detention of Sow Bertin Agba
Declares that the detention of Sow Bertin Agba, after the judgments delivered
by the Criminal Chamber and by the Supreme Court of Togo, is illegal and
arbitrary.
As regards damages
Since the Applicant did not lodge any pleading to justify losses he incurred or in
respect of any revenues he would have had to earn during the period of his
detention, or a medical certificate proving the torture suffered on .the premises
of the ANR, the Court has no proof of evidence to rely on to award the material
damages asked for. Consequently, that request is dismissed.
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