application, Mr. KPEEVEY Gaby-Gadzo, in his affidavit, reported that he
had suffered a refusal from the special committee when he requested the
postponement of the hearing to one week in order to properly prepare his
colleague’s defense.
168. On its turn, the Respondent argued that the legal texts relied on by the
Applicant are not applicable in the instant case since the Special Committee
of the Togolese National Assembly, set up in the context of the procedure
for waiving parliamentary immunity, does not have the status of a Court
within the meaning of international law in matters of human rights; that the
criteria defined by the European Court of Human Rights in the context of the
application of Article 6 of the European Court of Human Rights drafted in
the same terms as the texts referred to by the Applicant must be a Court
performing judicial functions; that, in the context of the procedure for waiver
of parliamentary immunity, no charges were officially brought against the
Applicant but the committee was simply to hear him on the requisition for
waiver of parliamentary immunity submitted by the Federal Attorney, to
enable him to organize his defense effectively that the application of the texts
in question presupposes the existence of criminal proceedings pending
before the competent courts; that it is very important to highlight here that
the requisition for waiver of immunity was addressed to the Speaker of the
National Assembly and, to that end, the Federal Attorney enclosed a USB
key containing only the elements mentioned by him that it was not a piece
cited in the letter from the Federal Attorney; that the said USB key contained
no elements other than those contained in the Federal Attorney’s letter; that
with regard to the assistance of a counsel, it should be stated here that the
Applicant was not before a court nor a disciplinary committee. The purpose
of the special committee is not to judge a member of parliament, but to hear
him with a view to waiving his parliamentary immunity; that under Rule
43