The Higher Judicial Council
472. The Higher Judicial Council is a disciplinary body for judges. It gives advisory
opinions on recruitment, posting or appointment of judges and on pardon
applications and draft amnesty issues. It can be consulted on all matters relating to
the independence of the judiciary.
473. The Higher Judicial Council is made up of nine (9) members:
- three (3) judges of the Supreme Court;
- four (4) judges of the courts of appeal and tribunals;
- an MP elected by the National Assembly;
- a personnality that belongs neither to the National Assembly nor the bench
appointed by the President of the Republic on grounds of his competence.
474. The recruitment of any judges is done based on a proposal by the Minister of
Justice, after the advisory opinion of the Higher Judicial Council. The appointment
of sitting judges is done by Decree in the Council of Ministers on the proposal of the
Higher Judicial Council. The appointment of court judges is done by decree in the
Council of Ministers on the proposal of the Minister of Justice, after the Higher
Judicial Council.
475. The Higher Judicial Council rules as the disciplinary body for sitting and court
judges. Directive No. 001/2013/CSM of 22 November 2013 on the Ethics and
Professional Code of Conduct of the Judiciary was adopted by the Higher Judical
Council in 2013 to remind each judge of the need to deliver justice in accordance
with the law and ethical standards.
b) The National Human Rights Commission for (NHRC)
476. In order to ensure the promotion and protection of human rights, Togo
established a National Commission on Human Rights (NHRC) in 1987. This
Commission became a Constitutional body in 1992. According to Article 152 of the
Constitution of 14 October 1992, the NHRC is an independent institution subject
only to the Constitution and the law.
478. The composition, organization and functioning of this institution are set out by
Organic Law No. 2005-004 of 9 February 2005, amending and supplementing
Organic Law No. 96-12 of 11 December 1996. This institution has been accredited
to status A since 1999 by the International Committee charged with the Coordination
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