Prosecutor's Office represented by the Federal Attorney and his deputies
constitute the judicial authority hearing the case; that it was on the basis of
this same principle that the application for authorization to proceed was
made by the Attorney General of the Togolese Supreme Court on the
assumption that the Applicant is a former Speaker of the National Assembly;
that a comparative study of the Internal Regulations of the countries of the
sub-region allows confirmation that any requisition for waiver of
parliamentary immunity is submitted by the Federal Attorney or the Attorney
General (See Internal Regulations of Burkina Faso, Benin, Côte d’Ivoire,
etc.); that the jurisprudence of this Court follows in the same vein because
the Federal Attorney has the quality of authority of the judicial proceedings
(See judgment ECW/CCJ/RUL/09/11 (Case: EL HADJ MANE ABDOU
GAYE C/ Senegal, Collection of Jurisprudence, 2011, p. 259, n° 40)”; that
it follows from this settled case law that the Federal Attorney has the status
of a Judicial Authority pursuant the Togolese Code of Criminal Procedure,
which distinguishes between the functions of prosecution (conducted by the
Federal Attorney), investigation (investigating Judges) and trial (judge).
128. The Article 10 of the UDHR establishes that:
“Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights and
obligations and of any criminal charge against him.”
129. Article Article 14 (1, 2nd part) that ICCPR provides that:
“(…) In the determination of any criminal charge against him, or of his
rights and obligations in a suit at law, everyone shall be entitled to a fair
and public hearing by a competent, independent and impartial tribunal
established by law(…)”
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