3- The violation of the provisions of Article 9(2) of the Charter and
Article 19 of the UDHR
184. To substantiate the violation of the right in question, the Applicant
claimed that he is a political personage who has held positions of primary
responsibility at the state level - Prime Minister, Speaker of the National
Assembly and continues to play an active role at the political level, first, as
Chairman of a political party, duly constituted, then Member of Parliament
in the National Assembly and Chairman of the National Defense
Commission; That the third condition, associated with his release after his
prosecution, reads as follows: “Prohibition from making any statement
tending to call into question the results of the last presidential election of
February 22, 2020; That since April 24, 2020, the Applicant has lost any
freedom to express himself on the February 22, 2020 presidential election,
an important political event in the political life of Togo, which concerns all
Togolese citizens, and even more so the Applicant as a politician engaged,
with full legitimacy, in the competition for power; Moreover, the third
condition attached to the Applicant’s release after his indictment prevents
him from exercising his right to compensation, insofar as he is considered to
be the person who won the February 22, 2020 elections, thus holding
legitimacy even if the results officially proclaimed by the Constitutional
Court would deprive him of legality.
185. The Applicant concluded that the State of Togo, through the dean of
investigative judges of the Lomé First Class Court of First Instance, by
imposing on the Applicant the third condition attached to his release, violated
his right to freedom of expression, which includes freedom of opinion and
freedom of political engagement, as well as his right to compensation.
186. The Respondent, in turn, submitted that in fact, when the Applicant was
accused by the Dean of Investigating Judges of the Lomé First Class Court
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