Political Rights enshrine the right to a fair trial, especially in proceedings
before criminal or civil courts.
159. That is, they enshrine the right to be heard by a competent, independent
and impartial court or tribunal, as mentioned above.
160. Ultimately, the articles of the UDHR and the ICCPR invoked by the
Applicant concern the right to a fair trial before criminal or civil courts and
are not applicable to the procedure of a waiver of parliamentary immunity in
the National Assembly, which in this case is the competent authority to
waive the Applicant's immunity and authorize the criminal proceedings
against him.
161. In this regard, it should be specified that the procedure at issue before
the Togolese National Assembly is not a procedure before a court of law and
that, moreover, its purpose is in no way related to the determination of the
Applicant's guilt. Rather, it concerns the waiver of his immunity precisely to
allow the exercise of criminal prosecution against him.
162. Ultimately, the Articles of the UDHR and ICCPR invoked by the
Applicant concern the right to a fair trial before criminal or civil courts,
which is not the case with the National Assembly which is the competent
authority to waive the Applicant’s immunity and authorize criminal
proceedings against him.
163. And, as this Court ruled in the case SALIFOU SAWADOGO v. STATE
OF BURKINA FASO, Judgment No. ECW/CCJ/JUD/26/19 of September 26,
2019: “Inviolability (or procedural immunity in the strict sense) translates
into not subjecting Members of Parliament to arrest, detention, mere hearing
(as deponent or as defendant) or trial for any other acts, except in cases
specified in the Constitution or the Law and with the formalities provided for
39