that within
intelligence
this period
from
March
to July 2010, the Togolese
1
services got wind of the subversive activities of a group of
Togolese citizens resident
on Ghanaian and Togolese territory, which
indicated that they were preparing to engage in violent acts aimed at
breaching the internal security of the Republic of Togo. He declared that
investigations led to the arrest of the Applicants on 1 July 2010 and that
a third accomplice managed to escape. The Republic of Togo further
averred that the trial of the case was handed over to Trial Chamber 3 of
the parquet d'instance of the Court of First Instance of Lome; that the
said trial is still going on, and that since 12 March 2012, the Applicants
have been released on temporary basis.
•
ORDERS AND· REQUESTS SOUGHT FROM THE COURT
Orders and request; sought by Messrs. Hermes Da-Silveira, Kodzo'runu
I
'
Kpakpo, · Kossi Dovi Tudzi, Komi Adjete Djifa Akakpo, Kodzo Zuzuwe
Foly and, Yaovi Mawulipklimi
'
21. The Applicants requested the Court to:
• Ask the Republic of Togo to ensure that all the declarations obtained
through torture are set aside as evidence, in acco1dance with the
the terms of article 15 of the 10 December 1984·Convention against·
Torture
and Other Cruel, Inhuman
or
!
Degrading Treatment or
Punishment;
•
Order the temporary release of the Applicants who are still in
detention at the civilian prison of Lome, in accordance with the
provisions of Articles 115 and 116 of the 2 March 1983 Togo Code of
Criminal Procedure, Articles 9(3) and (4) of the 16 December 1966
International Covenant on Civil and Political Rights, and Principle 38
of the 19 December 1988 Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment.
22. Alternatively, they requested the Court to:
• Order the Republic of Togo to grant the Applicants their right to
!
exercise of fair trial in accordance with the terms of Article 19 of the
14 October 1992 Constitution of Togo, Article 7 of the 27 June 1981
African Charter on Human and Peoples' Rights, Article 10 of the 10
6