Wakilii

Degli and Others v Togo (Communication 83 of 1992; Communication 88 of 1993; Communication 91 of 1993)

African Commission on Human and Peoples' Rights · Degli and Others v Togo (Communication 83 of 1992; Communication 88 of 1993; Communication 91 of 1993) [1994] ACHPR 4 (27 April 1994) · 1994 Communications Resolved AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Three consolidated communications alleging human rights violations before the African Commission on Human and Peoples' Rights
Decision
Communications resolved after Commission delegation visit to Togo; no adverse findings against present administration

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission found that grave human rights violations including torture, extrajudicial killings, and forced displacement occurred in Togo during 1992-1993. However, the Commission was satisfied that the acts were committed under a previous administration and that the present administration had dealt with the issues satisfactorily. The communications were resolved without formal findings against the current government.

Outcome

Communications resolved after Commission delegation visit to Togo; no adverse findings against present administration

Facts

Three communications were filed alleging systematic human rights violations in Togo during 1992-1993. Communication 83/92 concerned Corporal Nikabour Bikagni, arrested on 7 October 1992 in Lome, allegedly tortured and forced to confess to planning a coup. Communication 88/93 documented multiple incidents including an assassination attempt on opposition leader Gilchrist Olympio, the killing of the Prime Minister's driver, extortion and killings in northern villages, shooting incidents on 25-26 January 1993 resulting in at least 18 deaths, and the discovery of over 15 mutilated bodies in waters around Lome. Communication 91/93 alleged that on 30 January 1993, Togolese military shot and killed 20 peaceful demonstrators in Lome amid a general breakdown of law and order that caused 40,000 Togolese to flee the country.

Issues

  1. Whether the alleged acts of torture, extrajudicial killings, and other human rights violations by Togolese security forces constituted violations of the African Charter on Human and Peoples' Rights.
  2. Whether the present administration should be held responsible for violations committed under a previous administration.

Orders

  • Commission satisfied that the present administration has dealt with the issues satisfactorily.

Rules and key headnotes

Human Rights — State Responsibility — Violations by Previous Administration
A state may not be held responsible for human rights violations committed under a previous administration where the present administration has satisfactorily addressed the issues.

Full judgment

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Degli and Others v Togo (Communication 83 of 1992; Communication 88 of 1993; Communication 91 of 1993) [1994] ACHPR 4 (27 April 1994)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.