perfectly lawful and does not violate any constitutional or legal text in
I
force in Togo.
ANALYSIS OF THE COURT
As to the admissibility of the Application
18. The Republic of Togo states that it would rely on the wisdom of the
Court in this regard.
Article 10(d) of the Supplementary Protocol A/SP.1/01/05 amending
Protocol A/P.1/7 /91of the ECOWAS Court of Justice provides:
"Access to the Court is open to , ... (d) individuals on application for relief
for violation of their human rights; the submission of application for
which shall (i) not be anonymous; nor (ii) be made whilst the same
matter has been instituted before another International Court for
adjudication."
19. Sow Bertin Agba invokes the refusal by the Republic of Togo to release
him on provisional basis, in spite of the Supreme Court
confirming a judgment delivered
by the
Criminal
decision
Chamber. This
is manifestly a viol a tion of the right to liberty. It is consistently held that
in any instance where an applicant alleges human rights violations on
the territory of a Member
State, the Court upholds its competence
and declares the application admissible.
Since the Application is in conformity with the provisions of the said
Article 10(d), as cited above, there are grounds for declaring same
admissible.
As to the application for expedited procedure
20. In a separate application dated 8 November 2012, registered at the
-
Registry of the Court on 12 November 2012, the Applicant requested
that his Application be brought under expedited procedure;
A request for expedited
procedure
is granted
when the
particular
urgency of a case requires that the Court adjudicates within the shortest
possible time. The Applicant applied for the said measure, considering,
himself, that his detention is arbitrary and illegal. But as the time the
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