(13)
The Committee is concerned by the absence of provisions in Togolese legislation prohibiting the expulsion,
return (refoulement) or extradition of a person to another State where he or she might be tortured (art. 3).
The State party should adopt legislative measures and any other necessary measure prohibiting the
expulsion, return or extradition of a person to another State where there are substantial grounds for
believing that he or she would be in danger of being subjected to torture, in accordance with article 3 of
the Convention.
(14)
The Committee is also concerned by the existence of subregional agreements signed by Togo and neighbouring
States on 10 December 1984, which allow for a person who has been convicted of an offence to be returned to one of the
signatory States, in complete disregard of any judicial procedure, since under the agreements the return of such persons
is the sole responsibility of the police officers of the States concerned (art. 3).
The State party should adopt the necessary measures to revise the subregional agreements signed by
Togo and neighbouring States so as to guarantee that the return of a person who has been convicted of
an offence to one of the signatory States is carried out under a judicial procedure, in accordance and in
strict compliance with article 3 of the Convention.
(15)
The Committee regrets the way in which extraterritorial jurisdiction is dealt with in the State party’s legislation,
particularly where allegations of torture are concerned. The Committee is also concerned by the fact that under
Togolese legislation torture does not constitute an extraditable offence, since it has not been defined in the Criminal
Code (arts. 3, 5, 6 and 7).
The State party should take the necessary steps to ensure that acts of torture come under its
extraterritorial jurisdiction, in conformity with article 5 of the Convention. The State party should also
adopt appropriate legislative measures to ensure that torture constitutes an extraditable offence, while
respecting the provisions of article 3 of the Convention.
(16)
The Committee is concerned by information received concerning agreements whereby the nationals of some
States who are on Togolese territory cannot be brought before the International Criminal Court to be tried for war crimes
or crimes against humanity (arts. 6 and 8).
The State party, in conformity with articles 6 and 8 of the Convention, should take the necessary steps to
revise the agreements which prevent the nationals of certain States who are on Togolese territory from
being brought before the International Criminal Court.
(17)
The Committee is concerned by the presence on the territory of the State party of the former president of the
Central African Republic, Mr. Ange-Félix Patassé, in view of the fact that, on 13 April 2006, the Central African Court
of Cassation referred his case to the International Criminal Court for crimes against humanity (arts. 6 and 8).
The State party should take the necessary steps to bring Mr. Patassé before the International Criminal
Court, in keeping with articles 6 and 8 of the Convention.
(18)
The Committee is concerned by the inadequate training of law enforcement personnel, which does not focus on
the eradication of torture. The numerous reports containing allegations of acts of torture and cruel, inhuman or
degrading treatment submitted to the Committee further demonstrate the limited scope of that training (art. 10).
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