CAT/C/TGO/CO/2 Pretrial detention 12. The Committee notes with concern that more than 65 per cent of detainees are in pretrial detention, which calls into question the principle of the presumption of innocence and contributes to prison overcrowding throughout the country. It is concerned that the time limits for pretrial detention are not always respected, and that persons are kept in detention for years without being tried, including for minor offences, which reflects a major dysfunction in the judicial system. The Committee is concerned that one of the reasons for the high incidence of pretrial detention is the shortage of judges and facilities and that the delay in legislative reform is impeding the introduction of the position of liberties and detention judge, who could contribute to reducing the incidence of pretrial detention (arts. 2, 11 and 16). The State party should: (a) Expedite the national programme to modernize the justice system and take measures to restrict the use of pretrial detention, as well as its duration, using non-custodial penalties and alternatives to detention, in accordance with the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules); (b) Transfer minor offences from the criminal justice system to the preventive justice system; (c) Improve training for magistrates, judges, prosecutors, prefects, subprefects and lawyers on the principle of the presumption of innocence, which would reduce the incidence of pretrial detention; (d) Ensure that, when there are compelling reasons to place the defendant in pretrial detention, all the time limits for the accused and defendants are respected; (e) expired; Release all persons for whom the maximum legal period of detention has (f) Consider recruiting additional judges and constructing new courtrooms in the country. Conditions of detention 13. The Committee is deeply concerned by: (a) The alarming conditions in detention centres throughout the country, particularly in Lomé, some of which are tantamount to torture given that remand prisoners awaiting trial are packed into cells measuring 7 metres by 6 metres in groups of 60 to 90, while sentenced prisoners are packed into cells of 6 metres by 5 metres in groups of 50 to 60. It is also concerned by the tiny size of the cells in the prison of Notsé and particularly those in the Kara military camp, where the detention of soldiers in punishment cells measuring 112 cm by 90 cm constitutes a violation of the Convention. Furthermore, overcrowding is currently in the region of 156 per cent on average; (b) The lack of hygiene, ventilation, lighting and bedding, as well as the lack of food, which consists of a single meal a day, as described in the initial report, and is said to be of poor quality; (c) The almost total lack of access to health care and medication and the fact that sick prisoners are only transferred to hospital when they are practically at death’s door. The Committee is concerned in particular about the health of Captain Lambert Adjinon, who is being held in the civil prison in Lomé and apparently has a tumour for which he is not receiving treatment. This would appear to run counter to the decision of the Council of Ministers of 29 February 2012 to make medical care available to all persons in custody or GE.12-48668 5