- constitute justifiable ground which could warrant the 1long preventive
detention of the Applicants.
87. The Court observes at any rate that the time period expended on the
procedure (more than 6 years), without any judicial decision having been
made in the course that period,' necessarily contributed to the
Applicants' long preventive detention. The Court therefore concludes
that the Republic of Togo violated Article 7(1)-d of the Charter, which
sanctions the right of every one to be tried in reasonable time.
E- Requests for reparation
<
88. The Applicants substantially ask the Court to order that:
(a) they be released;
(b) the Republic of Togo try them in reasonable time;
(c) an inquiry be' instituted and the ·architects of the alleged' acts of
torture be punished;
(d) each of the victims be paid 20 Million CFA Francs (CFA F 20,000,000)
as damages, and that they be protected.
J
;...
'
89. The Court finds that the Applicants have been released on
provisional grounds since 12 March 2g12. The Court adjudges therefore
that the request brought before the · Court by the Applicants to seek
provisional release has become devoid of purpose.
-
90. As regards the request for reparation, the Court recalls that it has
already concluded that holding the Applicants beyond two (2) days is
arbitrary and abusive; that the Applicants' right to be tried in reasonable
time, and thus without undue delay, has been continuously violated. The
Court adjudges therefore that such violations give ground for reparation
as a result of the prejudices suffered. However, even if the Court
considers that the application for reparation is justified in principle, it
finds that the quantum of reparation applied for
is exaggerated.
Consequently, by virtue of its sovereign power for determining such
issues, and considering equity, the Court awards to each victim the sum
of Two Million CFA Francs (CFA F 2,000,000} as damages for all the
harms caused. The Court equally adjudges that the Republic of Togo
must cease all violations of Article 7(1)-d of the Charter by giving the
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