Trafficking in Togo (RELUTET) and the Federation of Associations against Impunity in Togo (Collectif des associations contre l’impunité au Togo -CACIT) are the lawyers providing legal counsel for some vulnerable groups. To enable all these segments of the population, without any distinction whatsoever, to have access to the courts on the basis of the principle of equity, Law No. 2013-010 of 27 May, 2013 on legal assistance was adopted. This law provides protection to vulnerable sections of the population due the exhorbitant nature of legal expenses. d) The right of every person to be tried within a reasonable time 76. The trial of suspected or accused persons must take place within the time limits consistent with human rights protection. This is a constitutional right established in Article 19 (1) of the Constitution of the 4 th Republic. The presumption of innocence which is the rule under our prosecution system makes it mandatory to try accused persons within a reasonable time. 77. Furthermore, the Criminal Procedure Code, without defining the concept of “reasonable time” has laid down time limits beyond which the instruments of detention lose their legitimacy and lead to statutory release if the accused person has not yet been presented to an examining magistrate. 78. In this context, Article 273 of the Criminal Procedure Code stipulates that if the accused person is kept in a detention centre by an arrest warrant issued by a public prosecutor, he must be presented before an examining judge within 48 hours, failure of which is tantamount to arbitrary detention. 79. Article 113 of the same code establishes that, where the maximum penalty provided for by law is less than two years in prison, the accused person domiciled in Togo cannot be detained for more than 10 days after first appearing before an examining judge if he is a fisrt time offender. Paragraph 2 of the same Article provides that where the duration of the pre-trial detention is half of the maximum applicable penalty, release is mandatory. This Article has been consistently enforced as the Minsiter of Justice and Keeper of the Seals has called magistrates to order and especially with the controls exercised by the Indictments Division of the Courts. 80. The right of any person to be tried within a reasonable time is implicitly recalled in Articles 100, 101 and 108 of the Criminal Procedure Code which mandates the examining magistrate to proceed immediately with interrogation once the accused person is brought before him or latest within 48 hours, failure of which the indictee shall be released. 29

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