Share
Degli and Others v Togo (Communication 83 of 1992; Communication 88 of 1993; Communication 91 of 1993) [1994] ACHPR 4 (27 April 1994)
- Citation
- [1994] ACHPR 4
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Human Rights Communication / Final Decision
- Case number
- Communication 83 of 1992 ; Communication 88 of 1993 ; Communication 91 of 1993
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Human Rights Communication / Final Decision
- Case number
- Communication 83 of 1992 ; Communication 88 of 1993 ; Communication 91 of 1993
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Commission found that the acts alleged in the communications—torture, extrajudicial killings, and other grave abuses—were committed under a previous administration in Togo and constituted violations of the African Charter on Human and Peoples' Rights. However, the Commission was satisfied that the present administration had taken adequate steps to address these issues and remedy the violations. As a result, the Commission determined that the current government had fulfilled its obligations under the Charter with respect to the alleged abuses, and no further action was warranted against Togo at this time.
Court disposition
complaint dismissed
Orders
- No further action required against Togo.
- The Commission encourages continued monitoring and improvement of human rights protections.
02
Material facts
Parties
Jean Yaovi Degli (au nom du Caporal N. Bikagni)
ApplicantUnion Interafricaine des Droits de l'Homme
ApplicantCommission International de Juristes
ApplicantTogo
Respondent03
Procedural history
Posture
Human Rights Communication / Final Decision
04
Questions and positions
Legal issues
- 01
Whether the acts of torture, extrajudicial killings, and other abuses constituted grave and massive violations of rights protected under the African Charter on Human and Peoples' Rights.
- 02
Whether the present administration of Togo has addressed the violations satisfactorily and whether state responsibility persists for acts committed under a previous administration.
Party arguments
- Applicant
- The applicants allege that Corporal Nikabour Bikagni was tortured and forced to confess to planning a coup, that security forces committed extrajudicial killings and abuses resulting in numerous deaths and displacement, and that there were irregularities in the conduct of elections. They argue these acts amount to grave and massive violations of the African Charter.
- Respondent
- Togo contends that the alleged violations occurred under a previous administration and that the current government has taken steps to address and remedy the abuses. The respondent asserts that the present administration should not be held responsible for past acts and that the situation has improved.
05
Court’s reasoning
Legal principles
- 01
African Charter on Human and Peoples' Rights, Articles 4, 5, 11
States are responsible for ensuring respect for the rights protected under the African Charter, including the prohibition of torture, right to life, and freedom of assembly.
- 02
African Commission on Human and Peoples' Rights jurisprudence
State responsibility for human rights violations persists regardless of changes in administration, but remedial actions by a new government may be considered in assessing ongoing liability.
06
Ratio, limits and disposition
Ratio decidendi
The Commission found that the acts alleged in the communications—torture, extrajudicial killings, and other grave abuses—were committed under a previous administration in Togo and constituted violations of the African Charter on Human and Peoples' Rights. However, the Commission was satisfied that the present administration had taken adequate steps to address these issues and remedy the violations. As a result, the Commission determined that the current government had fulfilled its obligations under the Charter with respect to the alleged abuses, and no further action was warranted against Togo at this time.
Obiter and limits
- The Commission notes the importance of continuity in state responsibility for human rights, regardless of changes in government.
- The Commission encourages ongoing vigilance and remedial measures to prevent recurrence of such violations.
Court disposition
complaint dismissed
- No further action required against Togo.
- The Commission encourages continued monitoring and improvement of human rights protections.
Source and reliance status
African Commission on Human and Peoples Rights
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
African Commission on Human and Peoples Rights
Judgment
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.
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.