National Human Rights Commission (NHRC) to enable this institution to host the
National Mechanism for the Prevention of Torture. The draft organic law on the
organisation, composition and functioning of the NHRC was adopted by the Council
of Ministers on 31 May, 2017.
26. Furthermore, Togo hosted the visit of the Sub-committee for the Prevention of
Torture in December, 2014.
27. Awareness raising and continuous training within the context of the National
Police College and the National Gendarmerie Academy are carried out to guarantee
in practice compliance by police investigation officers (CID) with the fundamental
rights of people during arrest and preventive custody. For instance, 584 senior police
officers were trained from 6 September 2015 to 6 February, 2016. Similarly, 351
gendarmes including 219 police investigation officers and 132 senior police officers
were trained from 5 February to 5 July, 2016. Police officers and gendarmes are also
regularly sent for training to other countries such as France, Italy, Cameroon, Côte
d’Ivoire, Madagascar, etc. Sanctions are also applied in the event of non-compliance
with procedures by officers who are found guilty.
28. To ensure that disciplinary sanctions are more effective, a new regulation on
general discipline within the Togolese Armed Forces is in the process of being
developed. Similarly, Law No.2015-005 of 28 July, 2015, on the special status of the
national police force has initiated harsher disciplinary standards in the event of any
lapses. At the criminal level, the government has initiated the adoption of a new Code
of Military Justice by Law No. 2016-008 of 21 April, 2016, to ensure that no military
person can escape criminal proceedings. Such alleged crimes will be taken into
account by military courts (Article 47) in the enjoyment of the same guarantees as
ordinary courts and punished in accordance with the provisions of the new Criminal
Code. Preparations are underway to sensitize all the officers and to effectively
establish these courts in order to wage a diligent war on the issue of impunity among
the defence and security forces. In the cases mentioned, disciplinary measures have
been taken and criminal prosecution initiated against the perpetrators.
29. Between 2012 and 2016, the National Human Rights Commission (NHRC)
recorded 3 proven cases of torture and 4 cases of cruel, inhuman or degrading
treatment for which recommendations made were taken into consideration by the
government.
Articles 6: The right to liberty and the security of the person, prohibition of
arrests and arbitrary detentions
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