CAT/OP/TGO/1
78.
The Subcommittee recommends that the State party take all necessary
measures to ensure that all detained persons are immediately informed of their rights
in a language that they are able to understand. The Subcommittee also recommends
that the criminal investigation police and State officials receive regular training on
respect for due process and for human rights more generally. The Subcommittee
recommends that information on the rights of arrested persons be posted in all police
stations and gendarmeries.
Right to inform a third party of one’s detention and visiting rights in prisons
79.
In police stations and gendarmeries, the right of persons in pretrial detention to
communicate immediately after their arrest with their family or with a friend is generally
not guaranteed.
80.
In prisons, the Subcommittee learned that visits by family and friends of accused
and convicted persons require the payment of a visit ticket whose price is set arbitrarily by
the prison authorities even though they have obtained prior authorization for the visit from
the investigating judge.
81.
The Subcommittee recommends that the State party take all necessary
measures to ensure that all detained persons can effectively remain in contact with the
outside world and inform their families of their placement in detention, and that
visiting rights are not subject to a fee. All visits must also be recorded in an ad hoc
register, including the date and time of the visit, the name of the visitor and the
visitor’s relationship to the person detained.
Internal rules of prisons
82.
The Subcommittee was informed that internal rules for the prison facilities were
being drafted. The current rules, which date from 1933, are obsolete and are no longer
applied.
83.
The lack of official internal rules has led to the development of informal rules which
vary from one facility to another, with both the content and the application of those rules
dependent upon the detainees themselves, in line with the established hierarchical system
(see paragraphs 38 to 41 above).
84.
The Subcommittee recommends that the State party immediately adopt the
decree-law on internal rules in prison facilities.
Right to notify consular authorities of a person’s detention
85.
During the visits it carried out, the Subcommittee encountered nine detainees from
countries other than Togo. None spoke French, and none had been informed of their right to
consular protection and assistance.
86.
The Subcommittee recommends that the State party take the necessary measures to
ensure that consular authorities are notified any time one of their nationals is placed in
detention and that such information is duly noted in a custody register (person contacted,
date and time). All detained foreign nationals must be informed of their right to consular
protection and assistance in a language that they are able to understand.
Complaint mechanism
87.
The Subcommittee is unaware of any official procedure for the submission of
complaints by detainees in the places of detention visited. In the prisons, that mechanism is
managed by the yard chiefs and cell bosses, who thus replace the prison administration in
carrying out its duties.
88.
The Subcommittee recommends that all detainees be informed of their right to
submit complaints in a direct, confidential manner to the competent prison authorities
and to the judicial authorities when appropriate. Noticeboards and informational
posters should be hung in visible places at the facilities. The Subcommittee also
recommends that complaints be investigated thoroughly, independently and
12
GE.17-06858
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