45. Such facts constitute offenses provided for and punished by Togolese criminal law. 46. In order to preserve public order and social peace, the Public Prosecutor's Office, the judicial authority hearing the case, in accordance with the provisions of the Togo Code of Criminal Procedure, considered that the actions of the Applicant during and after the February 22, 2020 presidential elections constitute offenses within the meaning of the current Togolese Criminal Code. 47. Therefore, the Federal Attorney submitted, pursuant to the provisions of Articles 78 and 79 of the Rules of Procedure of the Togolese National Assembly, a requisition for the waiver of the Applicant's parliamentary immunity; 48. In the same logic as the Federal Attorney, the Attorney General of the Supreme Court of Togo also requested the authorization of the National Assembly to initiate criminal proceedings against him and this, based on Articles 10 and 11 of the Organic Law No. 2007-013 of June 19, 2007 which determines the status of the Former Speakers of the National Assembly; 49. By Resolution No. 001/2020/AN dated March 16, 2020, the Togolese National Assembly proceeded to waive the Applicant's parliamentary immunity in order to enable him to organize his defense before the courts; 50. As per records dated March 16, 2020, the National Assembly authorized the Attorney General of the Republic to bring an action against the Applicant, former Speaker of the National Assembly. 51. Pursuant to a requisition to open a judicial inquiry, the Federal Attorney called upon the services of the Directorate-General of the National Gendarmerie of Togo for an in-depth investigation by the Central Bureau of 13

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