The ECOWAS Court of Justice on Wednesday, 5th July 2023 awarded the sum of 30 million CFA as reparation to Mr. Agbogbo Kossi Edem, a Togolese for the violation of his human rights following beatings by security agents of the Togolese Republic while participating in a demonstration calling for the release of the results of the country’s 2020 presidential election.
According to a statement issued by the Communications Division of the ECOWAS Court, the Judge Rapporteur in the case, Justice Claudio Monteiro Gonçalves, who delivered the judgment, said the award is for the violation of Mr Edem, Applicant’s right not to be subjected to torture and other cruel, inhuman, or degrading treatment or punishment, pursuant to Articles 5 of the African Charter, 7 of the International Covenant on Civil and Political Rights (ICCPR) and 5 of the Universal Declaration of Human Rights (UDHR).
The Court also held that the detention of the Applicant by the Respondent was arbitrary and unlawful under Articles 6 of the African Charter, 9(1) and (2) of the ICCPR and 3 and 9 of the UDHR while his right to effective remedy were also violated as provided under Articles 7(1)(a) of the African Charter, 14(5) of the ICCPR and 8 of the UDHR.
It therefore ordered the Republic of Togo to immediately undertake the investigation of the applicant’s complaint over the incident in order to ascertain those responsible for the violations.
In documents filed before the Court, Mr Edem said he was beaten until he lost consciousness and was injured by the agents of the state while trying to help an elderly man trying to overcome the effect of the tear gas used to disperse the demonstrators.
He described the action of the agents as a violation of his human rights, particularly the violation of his right to physical and moral integrity, as well as his right to the prohibition of torture and other forms of cruel, inhuman or degrading treatment, liberty, arbitrary arrest and effective remedy.
In the initiating application filed on 18th August 2022, the applicant said that he participated in a demonstration on 22nd September 2020 organised by the Dynamic Monsignor KPODZRO (DMK), a group of political parties and civil society organizations, urging the country’s Independent National Electoral Commission (CENI) to publish the results of each polling station used for the election.
He said that no sooner had the demonstration started that the security forces arrived and fired tear gas canisters into the crowd resulting in a stampede during which some of the demonstrators were beaten up and that while trying to help an elderly man struggling to overcome the effect of the tear gas, he was beaten with truncheons by ‘a horde’ of law enforcement officers who confiscated his mobile phone and threatened him with death.
The Applicant said he managed to escape from the scene but was arrested around the street and subsequently beaten again during which he suffered injury and thereafter dumped in a van, handcuffed and later detained.
The Applicant, who was represented by his counsel, Raphaël N. KPANDE-ADZARE contended that the ill-treatment amounted to the violation of his right to physical and mental integrity as well as right not to be subjected to acts of torture, cruel, inhuman and degrading treatment.
These, he said, violated his rights as provided for in the human rights instruments, in particular articles: 5 of the African Charter on Human and Peoples’ Rights of June 1981, 5 of the Universal Declaration of Human Rights of 10 December 1948; 7 and 10 of the International Covenant on Civil and Political Rights of December 16, 1966; 1, 2, 11, 12, 13 and 15 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10th December 1984.
The Applicant also accused the Respondent State of violating the Articles; 13, 16 and 21 of the Togolese Constitution of October 14, 1992; 198, 199, 200, 201, 202 and the country’s penal code; right not to be arbitrarily arrested, a right provided for in articles: 6 of the African Charter on Human and Peoples’ Rights, 3 and 9 of the Universal Declaration of Human Rights, 2 and 9 of the Covenant on Civil and Political Rights and 15 of the Togolese Constitution of October 14, 1992. Moreover, he said the actions violated right to an effective remedy enshrined in Articles: 7 of the African Charter on Human and Peoples’ Rights, 8 and 10 of the Universal Declaration of Human Rights, 14-1 of the International Covenant on Civil and Political Rights and 19 of the Togolese Constitution of October 14, 1992.
Among the reliefs sought was an order of the Court declaring that there has been a violation by the Republic of Togo of his right to physical and moral integrity, as well as his right to prohibition from torture and other forms of cruel, inhuman or degrading treatment, right to liberty, freedom from arbitrary arrest and right to effective remedy.
He also asked the Court to enjoin the Respondent to take all appropriate, urgent, and necessary measures to ensure that alleged perpetrators, their accomplices and sponsors, are prosecuted and punished in accordance with the laws in force.
Finally, he asked the Court to order the Togolese State to pay him the sum of five hundred million (500,000,000) CFA Francs for damages suffered as a result of the acts of torture and cruel, inhuman and degrading treatment; Two hundred and fifty million (250,000,000) CFA Francs for damages suffered as a result of his illegal and arbitrary arrest; and one hundred and fifty million (150,000,000) CFA Francs for damages suffered as a result of the violation of his right to an effective remedy.
But in its defence, filed on March 20, 2023, the Respondent State, represented by its counsel AQUEREBURU & PARTNERS denied the facts as presented by the Applicant and urged the Court to reject all the Applicant’s pleas as unfounded and therefore to reject all his claims.
Also on the Court’s three member panel for the suit were Justices Dupe Atoki presiding and Sengu M. Koroma.
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