74. The Applicant was heard, kept in police custody in accordance with the Code of Criminal Procedure and was presented to the Federal Attorney, who opened a judicial information, with the Dean of investigating judges who, in turn, charged him with serious disturbance of public order, violation of the internal security of the State and dissemination of false news, offenses provided for and punishable by Articles 495(3), 497, 663 of the Togolese Criminal Code. 75. That it was on the basis of the judicial process that the Applicant was arrested and charged with various offenses and placed on probation. 76. That given the existence of a judicial process, it is clear that the Applicant’s arrest is not arbitrary. The Plea of Lack of Jurisdiction of the Court 77. It is alleged by the Respondent (Doc. 5) that, pursuant to an application lodged at the Registry, on June 8, 2020, Mr. Gabriel Messan Agbéyomé Kodjo, sued the Togolese State, asking this Court to order the stay of the ongoing Criminal Proceedings against him. 78. That the Court has no jurisdiction to order a State to suspend criminal proceedings brought against a citizen under the domestic criminal provisions in force at the time of the facts, and under the jurisprudence of this Court, the mere mention of international instruments for the protection of human rights is not sufficient to vest the Court with jurisdiction. 79. That the Applicant was subjected to criminal proceedings for aggravated disturbance to public order, violation of the internal security of the State, dissemination of false news, offenses provided for and punished by Article 495 (3), 497, 663, 664 of the Togolese New Criminal Code at the date of the facts. 17