Trousers. The Republic of Togo affirms that ·in such circumstances, it shall be crucial to know whether the persons in question were officers or agents of the Republic of Togo to such extent as to warrant that their acts incur a blame on the Republic of Togo. 32. The Republic of Togo submits that, even if the alleged facts were attributable to the law-enforcement agents and security forces of the Republic of Togo, the Republic of Togo may not be held automatically accountable for their acts. 33. Indeed, the Republic of Togo argues that by virtue of the jurisprudential principle that the State may not be systematically held vicariously liable . for offences committed by its officers, when an officer acts ultra vires _with obvious ill intent, he commits an offence for which he is personally ' liable, independently of his assigned official duty. In that circumstance, as maintained by the Republic of Togo, the officer cannot render the State liable, and the competent criminal or correctional body shall I • t; "\" assume the power to receive such a matter and accord reparation. 34. It further argues that when the offence committed an officer of State is in line With the performance of his duties, such offence shall be ---------·-·-- ---- _blamable on the State and not on the officer, .and in such matters, the Judge with competence over criminal or correctional matters has no powers to grant reparation, due to the principle of separation of powers between the Judiciary and the Executive. 35. In support of this argumentation, the Republic of Togo asserts that ·it was because the Applicants were convinced of such separable nature of the liability for offences, as alleged to have been committed by the armed forces, proceedings that they constituted a civil party and instituted before the investigating judge, when the cause of action arose. It .further submits that even bringing the matter before the , - investigating judge does not render the targeted persons in the complaints guilty, . by reason of the principle that every suspect is presumed innocent till his guilt is proved through a court of trial which avails the suspect of all the indispensable guarantees for his defence, in accordance with Article 18 of the Constitution of Togo in force, Article 7(b) of the African Charter on Human and Peoples' Rights, and Article 11 / of the international Covenant on Civil and Political Rights. 10 ; ' ·,, ' • , .i 1 • •. 1

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