31. The Republic of Togo claimed that these facts do
not constitute acts of torture, arbitrary detention
and the violation of the fundamental rights of
Plaintiff/Applicant;
32. Defendant further claimed that regarding acts of
torture, it was after the December 08, 2016 case
was filed that these alleged acts were brought to its
attention; it immediately ordered an investigation
into the matter, pursuant to Article 12 of the UN
Convention against torture; and that the
investigation revealed that the allegations of torture
are unfounded, because the security agent fingered
denied them all;
33. Furthermore,
Defendant
averred
that
Plaintiff/Applicant did not bring any proof for the
allegations that he made regarding torture; also, the
medical certificate tendered dated 2016, that is
eleven (11) years after the alleged facts; that the
said document cannot serve as proof for the alleged
acts of torture ;
34. Regarding the allegation of arbitrary detention,
the investigation revealed that Plaintiff/Applicant
was detained on the basis of a committal order
issued against him, by the investigating judge, who
took charge of the case; that it was a false claim for
him to declare that he was detained illegally;
35. Finally,
Defendant
claimed
that
Plaintiff/Applicant’s right to work was not violated
as his sack was sequel to a jail sentenced that was
confirmed by the Court of Appeal in Lomé
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