79(3) of the Rules of Procedure of the Togolese National Assembly: “the
special committee hears the member of parliament whose waiver of immunity
is requested or one of his colleagues whom he has appointed to represent
him”; that it follows from this text that the member of parliament in question
may only appoint one of his colleagues to represent him and that this text
excluded the presence of a lawyer because it is a purely internal matter for
the National Assembly; that in all the internal regulations of the National
Assemblies of most countries, the presence of a lawyer next to the Parliament
Member whose waiver of parliamentary immunity is requested is not
permitted (See internal regulations of Burkina-Faso, Benin, Côte d'Ivoire,
Niger, Senegal and others); that the Applicant further contends that only six
(6) days elapsed between the first letter from the Speaker of the National
Assembly and the decision to waive his parliamentary immunity, which did
not allow him to organize his defense; that this plea is unfounded as this is
an expedited procedure pursuant to Rule 79(4) of the Rules of Procedure of
the Togolese National Assembly.
169. Article 7 (1, c) of the African Charter, provides that:
“Every individual shall have the right to have his cause heard.
This
comprises:
[...] ;
3. Right of defense […]”
170. And Article 14(1) and (3) of the ICCPR, establish that:
“All persons shall be equal before the courts and tribunals. 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
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