After the complaint against the Togolese Minister of Security and Civil Protection, Yark Damehame at the International Criminal Court (ICC), another Togolese resident in Switzerland has filed another complaint against the same officer and Passou Tchakébéra (also a the Togolese army) for "imprescriptible crimes committed in Togo". Read the complaint!
Komdedzi Kofi FOLIKPO
Fünflindenstrasse 5
CH-5600 Lenzburg AG
Phone: +41 '(0) 76' 391 '55' 45 (Mobile)
E-Mail: Kofi.Folikpo@hotmail.com
Web:
https://www.linkedin.com / in / kofifolikpo
https://independent.academia.edu/KofiFolikpo
To Mr Michael Lauber,
Attorney General of the Swiss Confederation
Taubenstrasse 16
3003 Berne
Penal statement for the filing of a complaint against Mr Passou Tchakébéra, a Togolese national, The Togolese Army and Commander of the Second Military Region of Togo and against Mr. Yark Damehane, a Togolese national, an officer of the Togolese Army and Minister of Security at the time of the events.
Lenzburg, September 20, 2017.
Dear General Prosecutor of the Confederation,
I come very respectfully as a Togolese citizen residing in SWITZERLAND and as a Founder Member of the Association "Window Group on Africa" (GFSA ) based in SWITZERLAND to introduce to your noble Institution a criminal denunciation against Sark Damehane and Passou Tchakébéra mentioned above for serious crimes in Togo, but clearly punishable in SWITZERLAND in the name of the Principle of Territoriality, Ubiquity and the Principle of Universal Competence firmly anchored in Swiss International Criminal Law.
I. Admissibility.
(1) The admissibility of the present Penal Denunciation before the Swiss Courts for serious and imprescriptible Crimes committed outside SWITZERLAND by individuals not of Swiss nationality relies essentially on Art. 23 ff. of the CPPS (Swiss Code of Criminal Procedure), in conjunction with Art. 3, Art. 8, Art. 264 ff., Art. 264a ff., Art. 264k ff. and especially in combination with Art. 264m ff. CPS (Swiss Criminal Code).
(2) These aforementioned legal provisions empower the Swiss judicial and police institutions to apply the above three Principles in order to prosecute and punish the Serious Crimes committed by an individual or group of individuals outside of SWITZERLAND, once the author, authors or co-authors of these Ineligible Crimes have traveled the Swiss Territory at any time.
II. Facts.
(1) Several political parties of the Togolese opposition, several Togolese civil society organizations and several Togolese and African citizen movements legitimately called the Togolese Populations of the towns and countryside to peacefully protest as soon as 19 August 2017 in the streets to legitimately claim the return to the constitution acclaimed 97% by the Togolese people in 1992 and guaranteeing the democratic and transparent elections, the alternation in the mode of government as well as the voting rights of the Togolese from the outside.
(2) Against all odds, Mr. Yark Damehane mounts on the media to publicly threaten the Togolese people with reprisals and massacres in case they respond to this call for peaceful demonstration as the law allows both in TOGO and SWITZERLAND or elsewhere.
(3) Mr. Yark Damehane, assisted in his criminal plans by the Sieur Passou Tchakébéra, put his threats of murderous violence against the peaceful demonstrators to be carried out as from 19 August 2017, by pouring Military and Militiamen formed by the regime of Faure GNASSINGBÉ on the peaceful demonstrators, causing several deaths, many seriously injured and systematic violations of private homes, even into the bedrooms!
(4) Not satisfied with the widespread desolation and distress intentionally caused by his murderous violence, Mr. Yark Damehane, who was still assisted by his accomplices, including Mr. Passou Tchakébara, was still on 6 and 7 September 2017, and then more intensely on 20 and 21 September 2017 by again raiding the defenseless populations in Sokodé, Bafilo, Kparatao, Kara, Mango and other localities of TOGO, still causing deaths and serious injuries, in the only one cynical and criminal goal of creating a state of terror and widespread psychosis within the population throughout the country.
(5) These grave facts are clearly liable to prosecution and punishment under the legal provisions of Swiss International Criminal Law and International Criminal Law in force in many other countries of the United Nations.
III. The requests.
In the light of the facts described above, the following requests are made to the Swiss Judicial Authorities at both the federal and cantonal levels:
(1) A criminal prosecution of Yark Damehane and Passou Tchakébéra is required for the deliberately excessive and intentionally criminal use of military and para-military violence against peaceful protesters, in flagrant violation of Article 2 (2), lit. c ECHR (European Convention on Human Rights) of November 1950, signed and ratified by the Swiss Confederation and other European countries.
(2) Criminal proceedings against Sirs Damhane and Passou Tchakébera are required for Inhuman, Cruel and Degrading Treatment of Peaceful Protesters, with reference to Art. 264 ff. CPS (Swiss Penal Code), 264a ff. CPS and 264k ff. CPS.
(3) Criminal proceedings against Mr. Yark Damehane are required for intentionally organized Crimes and Massacres, with reference to Art. 264m ff. CPS.
(4) Criminal proceedings against Sieur Passou Tchakébéra are required for Voluntary Homicide, Inhuman and Degrading Treatment, Torture, Beating and Injury with reference to Art. of the CPS.
I humbly request you to take all necessary measures to ensure that all the Prosecutor's Offices and Police Directorates in the various Swiss cantons can cooperate effectively as usual for the successful completion of this criminal denunciation, as soon as the entry into force of the Federal Public Prosecutor's Office is effective.
In the coming days, we will send you a list of other persons indirectly or directly involved in the planning and execution of these serious inalienable crimes, so that they may also be held accountable to the Act as soon as the occasion arises in SWITZERLAND or before any other competent Jurisdiction.
With my assurance that the Public Prosecutor of the Confederation, the Public Prosecutors of the various Cantons and the Federal Criminal Court will enter the matter as soon as the presence of the aforementioned suspects is reported in the Swiss territory, please find here, Mr. Prosecutor General, the expression of my high consideration and my feelings of respect.
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