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 48

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