125. That to examine the legality of the prosecution in the instant case, just
like France, Togo applies the penal system in which, the Federal Attorney
like all public prosecutors are placed under the direction and control of their
hierarchical superiors and under the authority of the Minister of Justice. They
are bound by the instructions given by their hierarchical authority for the
presentation of their written requisitions. At the hearing, they are entitled to
speak freely (Article 5 of Organic Law No. 96-11 of August 21, 1996
establishing the Statute of Magistrates, as amended by Law No. 2013-007 of
February 25, 2013); that it has been shown that the Federal Attorney is an
“Applicant party” who does not present the required guarantees of
independence and impartiality; therefore, he is not a judicial authority within
the meaning of the UDHR, the ICCPR and the African Charter.
126. That by lifting the Applicant's parliamentary immunity on the basis of
a requisition submitted by the Federal Attorney when the latter is not
competent to do so, the Togolese Republic, through its National Assembly,
violated the provisions of Article 79(1) of the Rules of Procedure of the said
National Assembly, involving the violation of the Applicant's rights
guaranteed by the aforementioned articles.
127. The Respondent refuted the Applicant's arguments on the grounds that
the Special Committee established in connection with the waiver of the
Applicant's parliamentary immunity is not a Court within the meaning of
Articles 10 of the UDHR and 14 of the ICCPR; that it was not the role of the
Committee to try the Applicant since it does not rule on disciplinary matters.
That the committee's mission was merely to conduct the procedure to enable
the Applicant to defend himself before the courts, since he is presumed
innocent until a court decision is handed down; that the facts alleged against
the Applicant constitute offenses under criminal law and in this regard, and
pursuant to Article 22 of the Code of Criminal Procedure, the Public
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