remarks, statements, or attitudes tending to question and undermine the existing constitutional and institutional order”. 92. After 03 days in police custody, of which he was not notified, in infringement of the law, he was sued before the prosecutor’s office, then brought before the dean of investigating judges, who charged him, allowing him to be released, subject to conditions that violate his freedom of opinion and political commitment. 93. That it is necessary and urgent that interim measures be ordered to put an end to the violations of his fundamental rights, pending a decision on the merits of the substantive cause. 94. The Respondent, on its turn, contended that this Court lacked jurisdiction to entertain the application for provisional measures, arguing that the Applicant is subject to criminal proceedings for aggravated disturbance to public order, violation of the internal security of the State, dissemination of false news, offenses provided for and punished by Article 495 (3), Articles 497, 663 and 664 of the New Criminal Code of Togo, at the date of the facts; that following the preliminary inquiry, the Applicant was charged by the Dean of Investigating Judges, who released him on parole; that prior to the opening of the investigation, the Applicant brought an action before the Lomé Court of First Instance seeking the annulment of the resolution waiving his parliamentary immunity; that, assisted by two lawyers, he brought an application for accelerated procedure for the case to be heard at an extraordinary hearing; that the case was heard and argued; that a decision was handed down on 18 May 2020; that the Court declared itself incompetent to annul the resolution of the National Assembly that lifted his parliamentary immunity; that, in exercise of his right of appeal under the law, the Applicant filed an appeal against the said decision; that the Court of Appeal will consider his appeal both as to form and as to merit; that as this Court has 21

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