B. Views of the Human Rights Committee under article 5 (4) of the Optional Protocol to the International Covenant on Civil and Political Righs Communications Nos 422/1990, 423/1990 and 424/1990 Submitted by: Adimayo M. Aduayom, Sofianou T. Diasso and Yawo S. Dobou Alleged victim: The authors State party: Togo Declared admissible: 30 June 1994 (fifty-first session) Date of adoption of Views: 12 July 1996 (fifty-seventh session)) Subject matter: Arrest and dismissal from employment of civil servants for alleged defamation of State party’s president released. Thereafter, he unsuccessfully requested his reinstatement in the post of maître assistant at the University, which he had held prior to his arrest. Procedural issues: Admissibility ratione temporis Continuing effects - Partial reversel of admissibility decision 2.2 The author of communication No. 423/1990, Mr. Diasso, also was a teacher at the University of Benin. He was arrested on 17 December 1985 by agents of the Togolese Gendarmerie Nationale, allegedly on the ground that he was in possession of pamphlets criticizing the living conditions of foreign students in Togo and suggesting that money "wasted" on political propaganda would be better spent on improving the living conditions in, and the equipment of, Togolese universities. He was taken to a Lomé prison on 29 January 1986. He was also charged with the offence of lèse-majesté, but the Ministry, after conceding that the charges against him were unfounded, released him on 2 July 1986. Thereafter, he has unsuccessfully sought reinstatement in his former post of adjunct professor of economics at the University. Substantive issues: The right to compensation following arbitrary arrest - Freedom of expression - Denial of equal access to public service Articles of the Covenant: 9 (1) and (5), 19 and 25 (c) Articles of the Optional Protocol and Rules of Procedure: 2 (3) (a), 4 (2), and 5 (1) and 2 (b), and rules 88 (2) and 93 (3) Finding: Violation [articles 19 and 25 (c)] 1. The authors of the communications are Adimayo M. Aduayom, Sofianou T. Diasso and Yawo S. Dobou, three Togolese citizens currently residing in Lomé, Togo. The authors claim to be the victims of violations by Togo of articles 9 and 19 of the International Covenant on Civil and Political Rights by Togo. The Optional Protocol entered into force for Togo on 30 June 1988. 2.3 The author of case No. 424/1990, Mr. Dobou, was an inspector in the Ministry of Post and Telecommunications. He was arrested on 30 September 1985 and transferred to a Lomé prison on 4 October 1985, allegedly because he had been found reading a document outlining in draft form the statutes of a new political party. He was charged with the offence of lèse-majesté. On 23 April 1986, however, the charges were dropped and the author was released. Subsequently, he unsuccessfully requested reinstatement in his former post. Facts as submitted by the authors 2.1 The author of communication No. 422/1990, Mr. Aduayom, is a teacher at the University of Benin (Togo) in Lomé. He was arrested on 18 September 1985 by the police in Lomé and transferred to a Lomé penitentiary on 25 September 1985. He was charged with the offence of lèsemajesté (outrage au Chef de l'Etat dans l'exercice de sa fonction), and criminal proceedings were instituted against him. However, on 23 April 1986, the charges against him were dropped, and the author was 2.4 The authors' wages were suspended under administrative procedures after their arrest, on the ground that they had unjustifiably deserted their posts. 2.5 With respect to the requirement of exhaustion of domestic remedies, the authors state that they submitted their respective cases to the National 28