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IN THE COMMUNITY COURT OF JUSTICE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) ABUJA, NIGERIA SUIT NO: ECW/CCJ/APP/61/18 BETWEEN: (1) AMNESTY INTERNATIONAL TOGO (2) L’INSTITUT DES MEDIAS POUR LA DEMOCRATIE ET LES DROITS DE L’HOMME (3) LA LANTERNE (4) ACTION DES CHRETIENS POUR L’ABOLITION DE LA TORTURE (5) ASSOCIATION DES VICTIMES DE TORTURE AU TOGO (6) LIGUE DES CONSOMMATEURS DU TOGO (7) L’ASSOCIATION TOGOLAISE POUR L’EDUCATION AUX DROITS DE L’HOMME ET A LA DEMOCRATIE (8) HOUEFA AKPEDJE KOUASSI Applicants -ANDTHE TOGOLESE REPUBLIC Respondent -ANDIN THE HUMBLE APPLICATION OF DAVID KAYE, UNITED NATIONS SPECIAL RAPPORTEUR ON THE PROMOTION AND PROTECTION OF THE RIGHT TO FREEDOM OF OPINION AND EXPRESSION Applicant/Amicus AMICUS CURIAE SUBMISSION PURSUANT TO THE INHERENT JURISDICTION OF THIS HONOURABLE COURT

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Amnesty International Togo and Ors v. The Togolese Republic

Case Law

Country

Togo

Country Location

Latitude: 8.54989337734046

Longitude: 1.1445580561927555

Country Location (linked Case Law): Togo

Decision Date: Jun 25, 2020

Case Status: Closed

Case Outcome (Procedural)

Motion Granted

Case Outcome (Disposition)

Injunction, Order, or Motion Granted

Keywords

Internet Shutdown
National Security
Public Order

Judicial Body: Sub Regional African Courts

Court Name: Community Court of Justice of the Economic Community of West African States (ECOWAS)

Case Number: ECW/CCJ/JUD/09/20

Case Summary: The Community Court of Justice of the Economic Community of West African States (ECOWAS) held that the Togolese government violated the applicants’ right to freedom of expression by shutting down the internet during protests in September 2017. The Court found that access to the internet is a “derivative right” as it “enhances the exercise of freedom of expression.” As such, internet access is “a right that requires protection of the law” and any interference with it “must be provided for by the law specifying the grounds for such interference.” [p. 11] As there was no national law upon which the right to internet access could be derogated from, the Court concluded that the internet was not shut down in accordance with the law and the Togolese government had violated Article 9 of the African Charter on Human and Peoples’ Rights. The Court subsequently ordered the Respondent State of Togo to take measures to guarantee the “non-occurrence” of a future similar situation, implement laws to meet their obligations with the right to freedom of expression and compensate each applicant to the sum of 2,000,000 CFA (approx. 3,500 USD).

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Related Caselaw (self)

Source URL: Global Freedom of Expression

Collection

Columbia

Primary Documents

amnesty.pdf
English
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