62. The Republic of Togo asks the Court to find that inquires have already
been carried out on the incriminating charges, and to rule in favour of
the Republic of Togo, that the latter will soon set out to repair the harms
done.
63. The issue before the Court is to determine whether within the
circumstances depicted above, it could be considered that the Republic
of Togo's mechanism of Justice, Truth and Reconciliation Commission
(CVJR) is consistent with its obligation under Article 7(1)-d of Charter,
which makes it mandatory for it to ensure that the Applicants' cause is
heard in reasonable time.
64. The Court notes that it is apparent from the averments of .the Republic
of Togo that in regard to the acts of violence which occurred and in
setting up the CVJR, the national authorities of Togo intended to render
inapplicable to the tragic events that took place, the penal law of Togo.
No pleading filed in connection with the case, and no argumentation put
forth, is the least inclined to that line of thought. Conversely, it cannot
be denied that the Republic of Togo acknowledges that "the transitional
justice system does not prevent the ordinary justice. System from
following its normal course".
65. In such circumstances, the Court is of the view that the inaction of the
Togolese judicial authorities, in terms of investigating the complaints
brought by the Applicants and examining their cause in accordance with
Togolese law, during a period of 3 or 4 years for some, and 7 years for
others; resulted in a situation where it had become clearly obvious that
the Applicants' right to have their cause examined in reasonable time
had been violated.
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66. The Court adjudges that by acting in the manner it did, the Republic of
Togo violated Article 7(1)-d of the African Charter on Human and
Peoples' Rights·, and it shall be appropriate to cease that violation by
proceeding to conduct a prompt trial on the complaints brought by the
Applicants, in such manner as to grant them their right to be heard 1n
reasonable time.
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