··36..·The Republic of Togo concludes that once no court decision has been made declaring that its law-enforcement agents were responsible for
the acts complained of by the Applicants, the Honourable Court cannot
lay blame on the Republic Togo for the alleged violations or ask the
Republic of Togo to fulfill the requests for reparation sought by the
Applicants.
Analysis of the Court
Regarding allegations of torture and human rights violations which
may have resulted from acts of violence, and related requests
37. Within the circumstances of the instant case, the Court is of the view
that it should have jurisdiction to adjudicate on the matter only if, first
and foremost, there were sufficient factors which· enable it to conclude
that the Republic of Togo was liable for the charges brought, and of such
a nature as to render the Republic of Togo internationally liable. But, it is
incontrovertible, that
the
objective
of the
proceedings instituted
before the Togolese courts is to look for, identify and punish the
masterminds of the criminal acts of violence and torture; and the court
proceedings are still pending.
38.As thing stand, the·court may not make finding concerning the criminal
nature of the charges brought, or ascribe any blame whatsoever against
the Republic of Togo, without unduly interfering in the conduct of the
proceedings
pending at the national
level, and without violating the
freedom of the judge at the domestic court.
39. Furthermore, even though the Court is entrusted with . the duty to
establish the facts, the Court is nevertheless of the view that for it to set
that mandate in motion, consideration must be given to the pragmatic
approach whereby appropriate importance is accorded to the proximity
-
between the charges made and the judge at the domestic court, just as
the same importance must be given to the prerogatives of the judge at
the domestic court.
40. The Court finds that it is not within its human rights protection mandate
to substitute its own viewpoint on the facts of a case for that of the
domestic courts seized with the same case, in terms of determining the
authenticity of certain exhibits pleaded in relation to charges of a
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