1these requests were made upon the instruct1ions of the Court), in
accordance with the terms of Article 14 of the of the 10 December
1984 Convention
against Torture
and Other Cruel, Inhuman or
Degrading Treatment or Punishment, Article 9(5) of the 16 December
1966 International Covenant on Civil and Political Rights, Principle 35
of the 19 December 1988 Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment
Orders and requests sought by the Republic of Togo
24. In regard to the claims brought by Messrs. Hermes Da-Silveira, Kodzo
Tunu Kpakpo, Kossi Dovi Tudzi, Komi Adjete Djifa Akakpo, Kodzo Zuzuwe
Foly and Yaovi Mawulipklimi, the Republic of Togo contends that it has taken
measures towards addressing the violent incidents which rocked Togo in
the aftermath - of the presidential election of 24 April 2005. Notably, the
Republic of Togo avers that the socio-political actors signed a general
political agreement on 20 August 2006 which advocated the setting up
of a Truth, Justice and Reconciliation Commission (CVJR).
25. Following that agreement, the President of the Republic of Togo, by
Decree No. 046/PR of 25 February 2009, created the said Commission,
which was given the mandate to:
• Determine the extent and consequences of incidents of human rig hts
violation which rocked the very foundation of the country;
• Conduct in-depth investigations into the incidents by contacting
persons,
institutions, administrative bodies,
political, religious and
traditional authorities, and the civil society;
• Set up inquiries aimed at accounting for the victims of the violent
incidents and their heirs.
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26. The Republic of Togo affirms that by acting in line with the mandate
conferred on it,· the Commission conducted inquiries and investigations
in all the
préfectures (local government administrative units) covering
the period .from 1958 to 2005. Upon completion of its assignment, the
Commission submitted its report, with recommendations.
27. The Republic of Togo thus maintains that since the inquiries relating to
the incriminating charges have already been carried out within the
'
8