Applicants a speedy and fair trial, expeditiously, and justified by the
prevailing circumstances.
91. The Court recalls, as regards the alleged charges of torture, that
pursuant to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, the Republic of Togo is bound to
inquire into and try those responsible for the acts of torture and
compensate the victims thereof. The Court therefore urges the Republic
of Togo to abide by the provisions of the said instrument. Besides, since
the Court cannot speculate on the outcome of the implementation of
the obligations owed by the Republic of Togo towards the said
Convention,
. it adjudges, in line with its consistently held' case law, that,
in the current' state of the proceedings, it cannot adjudicate on the
request for compensation for the harms suffered.
DECISION
FOR THESE REASONS
2.
The Court, adjudicating in a public session after hearing _both Parties,
· and after deliberation on the case:
I
I
- Adjudges that it is competent to adjudicate on the case;
- Adjudges that the Application is admissible;
- . Adjudges' that the Republic of Togo violated Article 6 in fine of the
African Charter on' Human and Peoples' Rights, in that the 109-period
within which the Applicants Innocent Kakou Assima and Narcisse
Dosseh Kpanou Azanleko were held (in custody) exceeded the 2- day
period stipulated in the Criminal Code of Procedure, without any
judicial decision having been made to extend the initial two-day
period;
-
-
Adjudges that the request brought asking the Court to find that there
was violation of Article 5 of the said Charter, which prohibits torture
'
and all forms of exploitation and degradation of human beings, or
cruel, inhuman or degrading treatments, is premature and cannot
succeed in the current circumstances of the case;
.'
Adjudges however, that there are reasonable grounds to believe that
the Applicants were tortured;
23