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
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