CCPR/C/79/D/910/2000
Page 7
The author’s further comments on the State party’s observations
7.1
The author submitted his comments on 13 January 2001. Once again criticizing and
giving his opinion of various Togolese authorities, he contests the legality and legitimacy of
the political regime in power. By way of evidence and in support of his communication, the
author submits excerpts from various articles and books, without actually adding any new
considerations in support of his previous allegations regarding human rights violations
against himself personally or against members of his family.
7.2
He reiterates his comments of 22 August 2000 and makes further accusations against
the political regime in office: corruption and denial of justice. He describes the current
conditions for the issuance of passports by Togo, although this has no bearing on this
communication.
7.3
Concerning the Government’s argument of inadmissibility because of the use of
insulting and defamatory terms, the author believes that the terms he used were often
insufficient to describe “the whole horror in which the Togolese people has been trapped for
almost 35 years”. He adds that, if the Government still believes that the terms he used were
insulting and defamatory, he stood “ready to defend them before any judicial authority, any
court of law, and to furnish irrefutable proof and incriminating evidence, producing as
supporting witness the Togolese people”.
7.4
The author also cites “the denial of justice” as justification for his failure to exhaust
domestic remedies. In that connection, the author expounds on the idea that General
Eyadema’s conception of justice was entirely and exclusively self-serving. The author refers
to the “fireworks affair” and asks the head of State “to respond immediately” to questions
regarding the discovery and ordering of the explosives and also to explain the failure to
produce any incriminating evidence in that case.
7.5
The author gives his opinion of the presiding judge of the court that convicted him,
Ms. Nana, as someone close to the Government, and of the first deputy prosecutor, who did
not investigate allegations of torture, as well as of others in high positions.
7.6
Regarding the non-exhaustion of available remedies, the author contends that “any
attempt to secure a remedy that presupposes an impartial judicial system is impossible so
long as the State party has a dictatorship at the helm”. Regarding the National Human Rights
Commission, his view is that none of the applicants who had submitted complaints to it in
1985 had obtained satisfaction.
7.7
The author submits that the fact that the Commission on Human Rights had concluded
its consideration of the situation of human rights in Togo did not preclude the Committee
from considering his communication.
Decision of the Committee on admissibility
8.1
Before considering any claims contained in a communication, the Human Rights
Committee must, in accordance with rule 87 of its rules of procedure, decide whether or not it
is admissible under the Optional Protocol to the Covenant.