' · FACTS AND PROCEDURE The facts of the case as narrated by the Applicant 1. Mr. Sow Bertin Agba, a Togolese businessman, domiciled at Lome, was arrested on 7 March 2011by officers of the National Intelligence Agency (ANR), under the pretext that he had committed the offence of fraud against the Emirate national, Mr. Abass AI Youssef. 2. Mr. Sow Bertin Agba was kept at the premises of the ANR for eight (8) days without access to legal assistance or a visit by a doctor or family member, and was allegedly subjected to inhuman and degrading . treatment and acts of torture, before being transferred to the National Gendarmerie. On 23 March 2011, the National Gendarmerie handed him over to the Office of the Public Prosecutor at the Court of First . Instance of Lome, where the Investigating Judge of Trial Chamber 4 ', placed him under a committal order on 25 March 2011. 3. In the complaint lodged on 10 March 2011 (i.e. 3 days after being summoned for questioning) before the Public Prosecutor, Mr. Abass AI Youssef ( . maintained that Sow Bertin Agba together with perpetrators and accomplices defrauded him of his co- um of Forty-Eight Million US Dollars (USD 48,000,000) by falsely claiming that they could gain access to the hidden fortune of the late President of Cote d'lvoire, /"""' General Robert Guei, which had been lodged at the Central Bank of Togo. 4. Before the Investigating Judge, however, Sow Bertin Agba made it clear that he was engaged iri business relations with Mr. Abass AI Youssef, to assist him obtain concessions in the areas of mining, petroleum and telecommunications in several African countries and that sums of money amounting to almost USD 5,000,000 which he received in the bank accounts of his companies in Togo were commissions and advances on commissions or charges; that the transactions documented by receipts undertaken thereof are whose records can be found statements of his bank. 2 in the accounts