.,, 59.• In that regard, the Republic of Togo contends that, after the violent
incidents which constituted the aftermath of the 24 April 2005 elections,
and for the purposes of stamping out the cycle of violence which had
marred the political life of Togo since 1958, the socio-political actors
signed on 20 August
2006
a general
political
agreement which
advocated for the setting up of a Truth, Justice and Reconciliation
Commission (CVJR), whose mandate was spelt out
by Presidential
Decree No. 046/PR of 25 February 2009. In the terms of the said Decree,
the Commission's remit, among others, was "... to determine the scope
and effects of the human rights violations, and of the violent incidents.
which shook the very foundation of the country; to undertake in-depth
investigations
with
persons,
institutions,
administrative
set-ups,
traditional, religious and political authorities, and the civil society; to
carry out inquiries, towards compilation of the victims of the violent
incidents or their heirs."
60. The Republic of Togo indicates that the period covered by the work of
the Commission extends from 1958 to 2005. And, in line with its
mandate, the Commission carried out inquiries and investigations in all
the prefectures (local government administrative units) of the country. It
submitted to the President of the Republic on 3 April 2013, its inquiry report,
together with recommendations. The Republic of Togo maintains that
the course of the Commission's
in
proceedings, everyone who wished
to do so could gain access to the Commission. The Republic of Togo
therefore
submits
that
the
matters
complained
of
by
the
Applicants were already being investigated by the Commission -and that
if the transitional justice system does not prevent the ordinary justice
system from following its normal course, it had the credit of hearing all
victims and collating all data which could serve as supporting evidence
for their allegations, and finally it was worthwhile having them recorded
in the programmes for reparation envisaged in the CVJR report.
61. The Republic of Togo argues that the mechanism of transitional justice
provides the ordinary justice system with points of information
and
evidence which may enhance the settlement of cases pending before
the ordinary courts, and that the next step would be the implementation
of the recommendations, which consists of compensating victims.
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