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
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t;
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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.
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