degli and others v togo communication 83 of 1992 communication 88 of 1993 communication 91 of 1993 1994 achpr 4 27 april 1994

Undated Communication No. 83/92, 88/93, 91/93 AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS JEAN YAOVI DEGLI (AU NOM DU CAPORAL N. BIKAGNI), UNION INTERAFRICAINE DES DROITS DE L'HOMME, COMMISSION INTERNATIONAL DE JURISTES v. TOGO DECISION Citation: Degli v.Togo, Comm. 83/92, 88/93, 91/93, 8th ACHPR AAR Annex VI (19941995) Publications: IHRDA, Compilation of Decisions on Communications of the African Commission On Human and Peoples’ Rights Extracted from the Commission’s Activity Reports 1994-2001, at 355 (2002); Documents of the African Commission on Human and Peoples’ Rights, at 390 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 317 (ACHPR 1995) THE FACTS [1] The first communication no. 83/92, concerns Corporal Nikabour Bikagni, who the communication alleges was arrested on 7 October 1992 in Lome and who was subject to torture and maltreatment. Under this duress, he made a confession that he was planning a coup against the Government of Togo. [2] The second communication no. 88/93, consists of a report of a mission sent to Togo by the Union Interafricaine des Droits de l'Homme from 23 to 29 December 1992. This report includes information on the attempt on the life of opposition leader Gilchrist Olympio, the assassination of the driver of the Prime Minister in December 1992, extortion and killings in villages in the north of Togo, the shooting incident of 25 January 1993 which resulted in at least 14 deaths, and the shooting incident of 26 January which resulted in at least 4 deaths. The communication also mentions the discovery of more than 15 bodies which were found, mutilated and bound, in the waters around Lome. The report also provides a general overview of the political and economic situation in Togo, including irregularities with respect to how elections are conducted. [3] The third communication no. 91/93, alleges that on 30 January 1993 the Togolese military shot and killed 20 peaceful demonstrators in Lome. This was related to a general breakdown of law and order which resulted in numerous violations of human rights by the security forces. Abuses by the security forces caused 40,000 Togolese to flee the country COMPLAINT [4] The complainants allege grave and massive violations of various rights protected by the African Charter. FINDING [5] The Commission sent a delegation to Togo and was adduced that these acts were committed under a previous administration. The Commission is satisfied that the present administration has dealt with the issues satisfactorily.