CAT/C/TGO/CO/2 (a) The total impunity of perpetrators of acts of torture and the State party’s statement that the Togolese courts currently have no legal means to punish torture, and that there are therefore no examples of judgements in this respect. The Committee is concerned by the information indicating that, to date, no court has been able to directly apply the provisions of the Convention, even where the courts have evidence of acts of torture before them, because there is no legislation criminalizing and punishing such acts. The Committee is very concerned that no criminal proceedings appear to have yet been initiated against the perpetrators of the acts of torture committed on the premises of the National Intelligence Agency in 2009, even though detainees have given details of the torture and ill-treatment to which they claim to have been subjected during their detention, as well as the names of the perpetrators; (b) Judges’ reported refusal to deal with cases of torture committed by the security forces, which contributes to impunity and represents a denial of justice for victims of torture. Furthermore, the Committee is concerned that allegations of torture and illtreatment in detention are not systematically and thoroughly investigated, and that those responsible for acts of torture are apparently subjected only to disciplinary sanctions which are not commensurate with the severity of their acts; (c) The fact that the 13 recommendations in the report of the National Human Rights Commission published on 27 February 2012, which was commissioned by the Government to investigate allegations of torture and ill-treatment on the premises of the National Intelligence Agency and elsewhere, have not yet been implemented and that the persons responsible for the acts of torture on those premises appear to have remained in their posts or been promoted after short suspensions of 30 to 45 days imposed as a disciplinary measure (arts. 2, 12, 13 and 14). The State party should: (a) In accordance with the commitment it made during the universal periodic review, end impunity of persons who have committed acts of torture by launching credible, prompt and impartial investigations into all allegations of torture or ill-treatment committed by members of the security services or others, in particular on the premises of the National Intelligence Agency in 2009, and, where necessary, punish those responsible in accordance with the gravity of their acts; (b) Include a provision on the non-applicability of statutory limitations to the crime of torture in the Criminal Code and remove the provision establishing a 10year period of limitations that is reportedly included in the current draft Criminal Code; (c) Implement all measures necessary to comply with its obligations under the Convention, particularly its obligation to combat impunity of perpetrators of acts of torture. The Committee reminds the State party that, in accordance with article 27 of the Vienna Convention on the Law of Treaties, “a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty”; (d) Take measures to implement the recommendations of the National Human Rights Commission regarding the allegations of torture and ill-treatment on the premises of the National Intelligence Agency and in other places of detention; (e) Establish a special central register for cases of torture or cruel, inhuman or degrading treatment, and provide information on the results of the investigations launched. 4 GE.12-48668