I
I
24. The Court is of the view that pursuant to paragraph (d) of the new
Article 10 of the Protocol on the Court as amended by the 19 January
2005 Supplementary Protocol, examining the admissibility of the
Application must be done in the light of the three criteria enumerated in
paragraph 18 above, even if the Court has set out other criteria for
admissibility in its case law. In that regard, the Court emphasises that
the status of a victim is a concept which must be examined separately
and independently of concepts such locus standi or capacity to sue. To
claim to be a victim, there must exist a sufficiently direct link between an
applicant and the prejudice he deems to have suffered as a result of the
alleged violation.
25. In the instant case, the Court finds that the Applicants allege violation of .
their right to life and the security _of their human persons, and they
complain of acts of torture committed against them. Furthermore, they
allege violation of their right to fair trial and the right of appeal, as a
result of the undue delays of the Judiciary of Togo in trying the case they
filed following the violent incidents they were subjected to.
26. In the light of the foregoing circumstances, the Court is of the view that
the Applicants may be considered as victims of the alleged acts.
.
27. Besides, the Court finds that the same case is not pending before any
other competent International Court and the requests brought are not
anonymous. The Court therefore adjudges that the requests brought are
admissible.
ANALYSIS OF THE ALLEGED HUMAN RIGHTS VIOLATIONS AND THE
REQUESTS BROUGHT
28. An analysis of the alleged violations and the requests brought must be
made in relation to the subject matter of the dispute as it emerges from
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the orders sought by the Applicants. In that regard, for the Court, it is
trite that the subject matter essentially centres on thr.ee crucial points:
(1) finding the various human rights violations arising from the alleged
acts of violence, and their effects on the Applicants
(2) finding the
human rights violations arising from the failure to institute a trial into
the complaints lodged (3) the risk of impunity, fostered by the Togolese
authorities, in failing to conduct a trial into the complaints brought by
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