Court is pronouncing judgment on this case.t the detention of the Applicant has ceased, since he was released on 16 April 2013. Therefore, the urgency which warranted the expedited procedure is no more existent; and there is no ground to adjudicate on that issue. AS TO THE MERITS OF THE CASE 21. Regarding the refusal by the Republic of Togo to release Sow Bertin Agba on provisional grounds 22. Sow Bertin Agba was formally charged by the Investigating Judge of Trial Chamber 4 of the Court of First Instance of Lome, and on 19 December 2011, Sow Bertin Agba lodged an application for provision9l release. By Order of 22 December 2'011, the Investigating Judge dismissed the Applicant's request. 23. Sow Bertin Agba appealed against that Order. The Criminal Chamber, before which the appeal against the said Order was brought, by Judgment 009/12 of 23 January 2012, ordered that Sow Bertin Agba be released on provisional grounds, upon payment of CFA F 150,000,000 as surety. Meanwhile, the Public Prosecutor had sought for a quashing of the judgment delivered by the Criminal Chamber 24. However, it is apparent from the provisions of Article 179(1) of the Togo Code of Criminal Procedure that "When the Criminal Chamber has adjudicated on an appeal brought against an order made by an investigating judge on a matter concerning preventive detention, whether the order is confirmed or reversed, the Criminal Chamber, in releasing the detainee or in continuing to hold him in detention, or in issuing a committal order or an arrest warrant against him, the Public Prosecutor shall instantly return the case-file to the investigating judge after having enforced the judgment." 25. The Public Prosecutor disregarded this requirement and the argument put forth by the Republic of Togo to maintain Sow Bertin Agba in detention is that "The Public Prosecutor had two obligations. The obligation to release the Applicant on provisional basis, but also the necessity, as demanded by the Court, to hear the Minister 7 Pasc'al