CAT/C/TGO/CO/3 Pretrial detention 16. The Committee notes that since the issuance of its previous concluding observations, in which it invited the State party, in paragraph 12, to expedite the reform of its justice system in order to introduce the position of liberties and detention judge as a means of reducing the incidence of pretrial detention, the situation remains worrying, with more than 62 per cent of detainees awaiting trial, compared to 37 per cent having been convicted, which directly contributes to prison overcrowding (art. 2). 17. The State party should: (a) Promptly adopt the preliminary draft Code of Criminal Procedure, which provides for the appointment of liberties and detention judges responsible for making decisions about the imposition of pretrial detention and related requests for release; (b) Ensure that pretrial detention is effectively reviewed, that its duration does not exceed the legally established maximum and is as short as possible, and that its use is exceptional, necessary and proportionate; (c) Actively promote, within the prosecution service and among judges, the use of alternatives to pretrial detention, in accordance with the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules); (d) Review the case files of all detainees in pretrial detention and immediately release all persons who have already been in detention for a period exceeding the maximum sentence carried by the offence of which they stand accused. Administration of justice 18. While it welcomes the legislative and institutional reforms undertaken in the administration of justice in Togo, including the construction of courts of appeal in Lomé and Kara, the ongoing construction of the court of first instance in Sokodé, the training and recruitment of judges and the ongoing reform of the Council of the Judiciary, the Committee is concerned at reports that the executive branch exerts a significant influence over the judiciary, resulting in arbitrary arrests and the detention of political opponents, while the perpetrators of these offences enjoy impunity. The Committee is also concerned about the insufficient number of judges in Togo (241), the slowness of the judicial system and the lack of legal aid (arts. 2 and 13). 19. The State party should: (a) Ensure effective access to justice for all defendants by operationalizing the legal aid system, ensuring access to a lawyer and recruiting more judicial officials; (b) Ensure that judges and prosecutors are appointed on the basis of objective and transparent criteria and safeguard the work of the judicial branch from any interference. Principle of non-refoulement 20. While it welcomes the adoption of new legislative provisions that enshrine the principle of non-refoulement, namely article 208 of the Criminal Code and article 20 of Act No. 2016-021 of 24 August 2016 on refugee status in Togo, the Committee is deeply concerned about reports that the principle is not respected in practice. These reports are corroborated by the fact that in 2018 the Togolese judicial authorities acquiesced to an extradition request made by the Government of Equatorial Guinea in respect of Fulgencio Obiang Esono and Francisco Micha Obama, despite the proven risk that they could be subjected to torture and ill-treatment. With reference to its general comment No. 4 (2017) on the implementation of article 3 of the Convention in the context of article 22, the Committee reminds the State party that it was incumbent upon its competent judicial and administrative authorities to undertake an individualized assessment of the request for the surrender of the two persons concerned and to refrain from expelling them if the risk of torture and ill-treatment was established, irrespective of the international arrest warrant 4 GE.19-14561