CAT/C/TGO/CO/3
currently no sentence enforcement judges owing to the fact that the bill on the organization
of the judicial system is yet to be adopted by the National Assembly. The Committee is also
concerned about the fact that all visitors, with the exception of “visiting permit” holders and
lawyers, are required to pay a lump sum of 200 CFA francs, which could amount to a
restrictive measure contrary to rules 43 (3) and 58 (1) (b) of the United Nations Standard
Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). Lastly, the
Committee notes with concern that conditions in the custody facilities of police stations and
gendarmeries are unsanitary and lacking in natural light, and that the persons detained there
are not fed (arts. 2, 11 and 16).
25.
Reiterating the recommendations made in paragraph 13 of its previous
concluding observations, the Committee urges the State party promptly to take all
necessary measures to bring detention conditions in prisons and custody facilities in
line with the Nelson Mandela Rules. In particular, the State party should:
(a)
Close Lomé prison definitively and without delay and draw up a general
plan on the prison situation in Togo;
(b)
Improve physical conditions in all other places of deprivation of liberty
by ensuring that prisoners have access to a sufficient amount of adequate food and
enjoy decent, sanitary conditions and adequate ventilation in cells that is appropriate
to the prevailing climatic conditions;
(c)
Reduce prison overcrowding by making greater use of alternatives to
detention such as house arrest and judicial supervision and, to this end, promptly
adopt the Code of Criminal Procedure and the bill on the organization of the judicial
system in order to facilitate the appointment of a sentence enforcement judge;
(d)
Provide prisons with a sufficient number of qualified, trained members
of staff, including medical personnel, ensure that internal regulations are adopted in
all places of detention and investigate all cases of corruption and privileges, punishing
the persons found responsible;
(e)
Abolish the lump sum payment required of prison visitors.
Impunity and investigations
26.
The Committee is deeply concerned at reports of impunity for past acts of torture or
ill-treatment. In particular, it notes there have been no investigations into the events that
occurred between 2009 and 2012, when numerous acts of torture are reported to have been
committed, including, it is alleged, by agents of the National Intelligence Agency, despite
the recommendations made by the National Human Rights Commission in 2012 in that
regard, which have gone unheeded. Likewise, there have been no investigations into the
events linked to the post-election violence of 2005. To date, none of the 72 claims filed by
victims of torture and ill-treatment has been investigated by the national courts and no one
responsible for these crimes has been punished. While it notes the information provided
orally by the State party regarding two claims currently being processed, the Committee is
of the view that the virtual absence of investigations into and prosecutions for acts of
torture contributes to the creation and maintenance of a situation of impunity (arts. 2, 12
and 13).
27.
Reiterating the recommendations made in paragraph 11 (a), (d) and (e) of its
previous concluding observations, the Committee urges the State party to open an
investigation into the actions of the National Intelligence Agency and to end impunity
by ensuring that all persons who have committed acts of torture are systematically
brought to justice and punished in accordance with the seriousness of their acts.
National Human Rights Commission and designation of a national preventive
mechanism
28.
The Committee welcomes the adoption of Organic Act No. 2018-006 on the
composition, organization and functioning of the National Human Rights Commission,
which establishes the Commission as the national mechanism for the prevention of torture
within the meaning of article 3 of the Optional Protocol and grants it the power to conduct
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