Last February, the judiciary ordered their provisional release under judicial supervision while awaiting the review of their appeal before the Supreme Court. However, nearly three months later, the detainees remain behind bars.
The hunger strike is intended to draw attention to what the prisoners describe as a refusal to enforce the court’s ruling. The thirteen detainees concerned by the February 18 decision of the Investigation Chamber of the Court of Appeal of Lomé say they no longer have “any weapon other than their bodies” to ensure the implementation of the ruling ordering their release under judicial control.
Their continued detention has raised serious concerns among their legal team. Their lawyer, Darius Atsoo, says the situation is difficult to understand.
“The General Prosecutor’s Office is placing itself above the Investigation Chamber, which is completely contrary to our Code of Criminal Procedure,” the lawyer said. “The decision was rendered by three independent and impartial judges, so the prosecutor general’s role is simply to execute the ruling.”
Maître Atsoo has referred the matter to the National Human Rights Commission (CNDH), which has reportedly contacted both the General Prosecutor’s Office and the Ministry of Justice. So far, however, no progress has been made.
“Today, they are practically being held in arbitrary detention because there is no valid detention warrant,” the lawyer argued, adding that all legal options are now being considered. He also warned that the prolonged detention of his clients could create a “dangerous precedent,” describing the situation as “unacceptable in a state governed by the rule of law and in a democratic society.”
The defense says its only demand is for the February court ruling to be enforced. In 2023, the Economic Community of West African States (ECOWAS) Court of Justice had already called for the detainees’ release.
Contacted by RFI, the Togolese Ministry of Justice did not respond to requests for comment.
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