reinstatement in public or private office. The
amnesty is granted by the Public Prosecutor
("Procureur de la République ou juge chargé du
Ministère Public") within three days after the request
(article 4). According to article 3, the petition under
these provisions does not prevent the victim from
pursuing his claims before the ordinary tribunals.
Commission on Human Rights, an organ they claim
was established for the purpose of investigating
claims of human rights violations. The Commission,
however, did not examine their complaints and
simply forwarded their files to the Administrative
Chamber of the Court of Appeal. This instance,
apparently, has not seen fit to examine their cases.
The author of case No. 424/1990 additionally
complains about the delays in the procedure before
the Court of Appeal; thus, he was sent documents
submitted by the Ministry of Post and
Telecommunications some seven months after their
receipt by the Court.
5.1 After a request for further clarifications
formulated by the Committee during the forty-ninth
session, the authors, by letters dated 23 December,
15 November and 16 December 1993 respectively,
informed the Committee that they were reinstated in
their posts pursuant to the Law of 11 April 1991.
Mr. Diasso notes that he was reinstated with effect
from 27 May 1991, the others with effect from
1 July 1991.
The complaint
3.1 The authors claim that their arrest and
detention was contrary to article 9, paragraph 1, of
the Covenant. This was implicitly conceded by the
State party when it dropped all the charges against
them. They further contend that the State party has
violated article 19 in respect to them, because they
were persecuted for having carried, read or
disseminated documents that contained no more than
an assessment of Togolese politics, either at the
domestic or foreign policy level.
5.2 The authors note that there has been no
progress in the proceedings before the
Administrative Chamber of the Court of Appeal, and
that their cases appear to have been shelved, after
their reinstatement under the Amnesty Law. They
argue, however, that the law was improperly applied
to their cases, since they had never been tried and
convicted for committing an offence, but had been
unlawfully arrested, detained and subsequently
released after the charges against them were
dropped. They add that they have not been given
arrears on their salaries for the period between arrest
and reinstatement, during which they were denied
their income.
3.2 The authors request reinstatement in the posts
they had held prior to their arrest, and request
compensation under article 9, paragraph 5, of the
Covenant.
State party's admissibility observations and authors'
comments
5.3 As regards the statute of the University of
Benin, the authors submit that, although the
University is, at least in theory, administratively and
financially autonomous, it is in practice under the
control of the State, as 95 per cent of its budget is
State-controlled.
4.1 The State party objects to the admissibility of
the communications on the ground that the authors
have failed to exhaust available domestic remedies.
It observes that the procedure is regularly engaged
before the Court of Appeal. In the cases concerning
Messrs Aduayom and Diasso (communications
Nos 422/1990 and 423/1990), the employer (the
University of Benin) did not file its own submission,
so that the Administrative Chamber of the Court of
Appeal cannot pass sentence. With respect to the
case of Mr. Dobou (No. 424/1990), the author
allegedly did not comment on the statement of the
Ministry of Post and Telecommunications. The State
party concludes that domestic remedies have not
been exhausted, since the Administrative Chamber
has not handed down a decision.
5.4 The authors refute the State party's argument
that they have failed to exhaust domestic remedies.
In this context, they argue that the proceedings
before the Administrative Chamber of the Court of
Appeal are wholly ineffective, since their cases were
obviously filed after their reinstatement under the
Amnesty Law, and nothing has happened since.
They do not, however, indicate whether they have
filed complaints with a view to recovering their
salary arrears.
The Committee's admissibility decision
4.2 The State party also notes that the Amnesty
Law of 11 April 1991 decreed by the President of the
Republic constitutes another remedy for the authors.
The law covers all political cases as defined by the
Criminal Code ("infractions à caractère ou
d'inspiration politique, prévues par la législation
pénale") which occurred before 11 April 1991.
Article 2 of the Law expressly allows for the
6.1 During its fifty-first session, the Committee
considered the admissibility of the communication.
It noted with concern that no reply had been received
from the State party in respect of a request for
clarification on the issue of exhaustion of domestic
remedies, which had been addressed to it on
26 October 1993.
29
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