waive his parliamentary immunity, which did not allow him to organize his
defense, and that this argument should be dismissed.
67. That in fact when he was charged by the Dean of the investigating judges
of the Lomé First Class Court of First Instance, the Applicant was granted
freedom under certain conditions.
68. That it follows from the provisions of the Code of Criminal Procedure,
namely Articles 112 to 124 that any accused person may be granted simple
or conditional provisional release.
69. In exercise of his legal prerogatives, the Dean of investigating judges
released the Applicant provisionally with certain restrictions including a
prohibition on making any statement calling into question the last
presidential election of February 22, 2020.
70. This ban was not a ban on speaking out but on announcing acts that would
violate the established constitutional order.
71. As evidence, after his probation, the Applicant continued to make
statements about it on social media without concern, and that this argument
does not stand either.
72. Following the requisitions of the Federal Attorney, the judicial authority
responsible for the prosecution, in accordance with the Code of Criminal
Procedure, the Central Bureau of Criminal Research and Investigation
invited the Applicant to appear three (3) consecutive times, but the latter did
not deign to appear, which constitutes disobedience to the judicial authority.
73. That following this refusal that the Central Bureau of Research and
Criminal Investigations, proceeded to arrest the Applicant to further
investigate the facts of aggravated disturbances to public order, violation of
the internal security of the State and dissemination of false news of which he
was accused, in accordance with the requisitions of the Federal Attorney.
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