PROCEDURE
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1. By different requests all dated 22 July 2011and lodged at the Registry of
the Court on 8 August 2011, Mr. Aziagbede Kakou and 33 Others, Mr.
Tomekpe Abra Lanou and 29 Others, as well as Mr. Atsou Komlanvi and
4 Others brought their case before the Court, for the purposes of asking
the Court to find that the Republic of Togo violated Articles 19 and 21(1)
and (2) of the 14 October 1992 Constitution of Togo, Articles 5 and 7(1)d of the African Charter on Human and Peoples' Rights, Articles 7, 9(3)
and 14(3)-c of the International Covenant on Civil and Political Rights,
Articles 3 and 5 of the Universal Declaration of Human Rights, and the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.
2. By three separate pleadings lodged on 13 August 2011 at the Registry of
the Court in response to each of the requests brought by the Applicants,
the Republic of logo raised an objection as to admissibility, for lack of
locus standi and capacity to sue, on the part of the Applicants.
3. The Republic of Togo equally lodged on the same date at the Court
Registry, its Memorial in Defence to each of the three cases.
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--· 4. Each Party--was duly served with the written pleadings filed by the other
Party.
5. The Court heard the Parties on 30 October 2012, at which hearing it
joined the different Applications. The Court equally heard the Parties on
11December 2012 and 18 April 2013.
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AS TO THE FACTS OF THE CASE
6. In the course of the year 2005, during the electoral period, various
sections of the Togolese society were shaken by violent incidents. The
victims
of those violent acts, with the assistance of the
Coalition
of
Associations Against Impunity in Togo (CACIT), constituted a civil party
and lodged various complaints: before the Doyen of investigating judges
at the First Instance Court of Lome, where the victims in question were
the Applicants A ziagbede Kakou and 34 Others; before the investigating
judge at the Court of First instance of Amlame, the victims concerned
being Atsou Komlavi and 4 Others; and before the investigating judge at
the Cou rt of First Instance of Ata kpame, where the victims
2
we re
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