"If, for the necessities of an inquiry, the criminal investigations officer
is compelled to hold in custody a person against whom serious
and consistent points of proof have been found, of such nature as to
warrant his accusation, such a person shall not be held for more than 48
hours.
The time period provided in the paragraph above may be extended by
another time-limit of 48 hours upon the authorisation of the Public
Prosecutor or the judge in charge of the ministère public.
Where the facts in question are particularly serious and complex, the
time-limits provided in the paragraphs above may be extended by 8
days upon the written authorisation of the Public Prosecutor or the,
judge in charge of the ministère public."
'
46. In the light of the foregoing, the Cour.t is of the view that the arrest of the
Applicants Innocent Kokou Assima and Narcisse Dosseh Kpanou Azanleko,
which measure was taken within the framework of a judicial
'
procedure on grounds of offences provided for and punished by the
Criminal Code of Togo, is not arbitrary.
47. Conversely, the
.
Court notes, in respect of the detention of the
Applicants Innocent Kokou Assima and Narcisse Dosseh Kpanou
-
·-·
·-··
-
-·
..) ;
Azanleko, that
the
time-limit
provided by
the
Code
Criminal Procedure of Togo in its Article 52, as eked above, is two
days, and that
such time-limit may be extended only upon
authorisation of the Public Prosecutor or the judge in charge of
ministère public (public prosecution), for a further two (2) or eight
days where the facts are particularly serious and complex.
of
(2)
the
the
(8)
48. The Defendant State does not contest the time-periods of detention
as alleged by the Applicants, as having taken place within the premises
of National Gendarmerie and of the ANR, totalling one hundred and nine
(109) days. The Defendant State does not also demonstrate that the
further time-period during which the Applicants continued to be held in
custody was authorised by a competent judicial authority. Whatever the
case may be, even if the extension in holding them in custody was duly
authorised, the detention shall not exceed eight (8) more days, i.e. a
total of twelve (12) days.
12