81. To avoid a situation where an accused person remains in custody for a long time
without knowing their fate, the Criminal Procedure Code lays down a definition of
offences and crimes. Thus, an offence shall be limited to (5) years after it has been
committed, if no trial is carried out and no investigation has been opened. This time
limit shall be extended by six (6) months if proceedings have been opened. Regarding
the crime, it shall be limited to ten (10) years from the day it is committed if no trial
is carried out and no investigation has been opened. This time limit is extended by a
year if proceediings have been opened (Article 7 of the Criminal Procedure Code).
This provision does not apply to crimes against humanity, war crimes and and crimes
of torture which are imprescriptible.
82. Before the Criminal Court, trial within a reasonable time presupposes in the
substance of Article 202 of the Criminal Procedure Code, that accused persons must
be tried latest within six months, with effect from the date the indictment ceases. This
time limit is always complied with in practice.
83. It must be recognised that in practice, most of the time limits (except in case of
Criminal Courts) are not complied with because of the small number of judges and
the limited working tools available to them compared to the large number of cases to
be dealt with. The recruitment policy of judges adopted since 1993 by the
government and the establishment in 2009 of the training centre for judicial-related
occupations which provides initial and continuing education to judges, will in the
very near future, foster compliance with enactments on the trial persons in conflict
with the law. Additionally, Article 400 (new) of the draft legislation on the Criminal
Procedure Code makes it possible to invoke the guarantees of international
humanitarian law to which the legislation gives absolute enforceability (Article 400-4
concerning the right to be tried within a reasonable time).
84. To ensure compliance with this time limit, two visiting mechanisms have been
put in place: one by the Criminal Procedure Code, enforced by the Public Prosecutor
and his deputies and the other by the Inspectorate General of Security Agencies.
Apart from these mechanisms, other human rights protection instruments such as the
Internationa;l Committee of the Red Cross (ICRC) and the National Human Rights
Commission (NHRC) visit places of custody and pre-trial detention centres.
e) The principle of the legality of offences and penalties.
85. This right is guaranteed by Togolese legislation. Indeed, according to Article 3 of
Law No. 2016-027 of 11 October, 2016, amending Law No. 2015-010 of 24
November, 2015 of the new Criminal Code, “No one may be prosecuted or penalized
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