CAT/OP/TGO/1 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. 10 GE.17-06858

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