the Speaker of the National Assembly a requisition for the waiver of the
Applicant’s parliamentary immunity (See Exhibit No. 1 to the application
initiating proceedings “Lettre du Procureur de la République sollicitant la
levée de l´immunité parlementaire du sieur Gabriel Messan Agbéyomé
KODJO”) three days later, that is, on March 12, 2020, the Attorney General
of the Supreme Court sent to the Speaker of the National Assembly a
requisition for authorization of criminal proceedings against the Applicant in
his capacity as former Speaker of the National Assembly (See Exhibit No. 2
to the application initiating proceedings “Lettre du Procureur Général
près de la Cour Suprême du Togo sollicitant l´autorisation de l`Assemblée
Nationale”).
166. And because no other facts have been alleged by the Applicant that
would call into question his right to a fair and public hearing by a competent,
independent and impartial court or tribunal established by law, the Court
rejects the Applicant's argument and finds that the Respondent did not violate
Article 10 of the UDHR nor Article 14 (1, 2nd part) of the ICCPR.
2. On the violation of Article 7 (1) of the African Charter, Article 10 of
the UDHR and Article 14 (1) and (3) of the ICCPR.
167. The Applicant alleged that in the instant case, the Public Prosecutor
attached to his requisition for waiver of parliamentary immunity a USB key,
which was supposed to contain the evidence for his allegations; that
curiously, Mr. KODJO Messan Agbéyomé did not have the opportunity to
have access to the contents of the said USB key, neither at the time of the
notification by the bailiff porting the letter inviting him to appear before the
special committee of the National Assembly, nor at the time of his
appearance before the committee; that the Parliament Member who
represented Mr. KODJO before the committee made the same request in vain
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