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health policy in keeping with the obligations resulting from the State party’s
ratification in 2011 of the Convention on the Rights of Persons with Disabilities and
formulating a relevant national strategy.
60.
The Subcommittee recommends that a mechanism for the periodic review of
involuntary hospitalizations be set up immediately at Zébé Psychiatric Hospital.
61.
In addition, solitary confinement aimed at controlling agitated and aggressive
patients should be applied on the basis of clear procedures and should be
systematically monitored and documented.
D.
1.
Fundamental safeguards
In prisons, police stations and gendarmeries
62.
The delegation found grave violations of fundamental safeguards in most of the
places of detention it visited. The Subcommittee would like to highlight several issues in
the paragraphs below.
Detention registers
63.
The current record-keeping system does not guarantee protection against torture or
cruel, inhuman or degrading treatment. During its visits to places of deprivation of liberty,
the Subcommittee found that information was documented haphazardly.
64.
The Subcommittee noted inconsistencies as well as an overall lack of rigour in
record-keeping. In addition, information regarding a detainee is often divided up among
various kinds of registers, thus posing a serious obstacle to achieving a full understanding
of the detainee’s situation. Except in the Kara “anti-gang” gendarmerie, where the
Subcommittee noted with satisfaction that a data management system called for by the
Code of Criminal Procedure allowed for computerized handling of fingerprints and
photographs, the record-keeping system is manual, unreliable and not computerized.
65.
The Subcommittee noted with regret that the registers did not mention visits by
family members or lawyers, the health status of the detainee or any information about
consular protection for foreign prisoners. Nor did they mention persons considered
vulnerable for example on the basis of a physical or mental disability. In other cases, such
basic records as records of deaths, transfers to hospitals or other prisons, disciplinary
measures and visits from the judicial authorities were not always available.
66.
As far as police station registers are concerned, in violation of article 53 of the Code
of Criminal Procedure, the arrival and departure times of persons taken into custody are not
always recorded, making it difficult to monitor whether the legal limits on periods of
pretrial detention are respected.
67.
The Subcommittee reminds the State party that it must keep rigorous,
thorough records. All information regarding the detention of a given individual, such
as extension of custody, medical check-ups, transfers, visits from the judicial
authorities, family visits and deaths, as well as any related measures taken, should be
systematically noted in the registers. In addition, the Subcommittee invites the
competent authorities to carefully monitor record-keeping on a regular basis.
68.
The Subcommittee recommends that the State party establish a standardized,
centralized and computerized system, to be used throughout Togo, so as to facilitate
effective monitoring of the legality of pretrial detention.
Duration of custody and pretrial detention
69.
Article 52 of the Togolese Code of Criminal Procedure stipulates that the length of
custody is 48 hours. That period can be extended for 48 additional hours when authorized
by the State prosecutor or the investigating judge and can be increased by 24 hours or more
if the arrest takes place elsewhere than the public prosecutor’s office, to account for the
time needed to bring the person held in police custody before the competent judge.
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