restricting access of all others. The Applicants further aver that knowledge of the
shutdown and/or the inaccessibility of the internet by the abovementioned
operators was attested to by three officials in government who referred variously
but more particularly as a temporary restrictive measure to reduce the flow of
communication.
9. The Applicants assert that as a result of the internet shutdown and/or restrictions
they were prevented from carrying out their daily work which impacted their
reputation and financial circumstances. The Applicants submit that the shutdown
also cost the economy of Togo up to One Million Eight Hundred Thousand Dollars
($1,800,000) with empirical evidence from the United Nations Special Rapporteur
on the Promotion and Protection of the Right to Freedom of Opinion and
Expression estimating the shutdown between One Million Seven Hundred Dollars
($1,700,000) and Two Million Seven Hundred Dollars ($2,700,000).
10. The Applicants submit that the right to freedom of expression and the press is
guaranteed in Article 25 and 26 of the Togolese Constitution respectively.
11. The Applicants are therefore claiming for the following reliefs and orders:
a. A Declaration that, in shutting down the Internet, Togo violated its human
rights obligations under international human rights law, in particular, the
right to seek and receive information and to express and disseminate
opinions under Article 9 (1) and 9 (2) of the African Charter, to freedom
of expression under Article 19 (2) of the ICCPR and the rights of
journalists under Article 66 (2) (c ) of the Revised ECOWAS Treaty;
b. A Declaration that, in shutting down the Internet, Togo violated the eight
Applicant’s human rights under international law, and in particular her
rights as a journalist under Article 66 ( c) of the Revised ECOWAS
Treaty;
c. A Declaration that the development of a draft law on cyber criminality
giving the Togolese Government power to shut down the Internet
whenever it wishes represents an undue restriction with the right to
freedom of expression and has a chilling effect on the Applicants and on
press freedom more generally;
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