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.
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