b) Trafficking in Persons
19. Law No. 2016-027 amending Law No. 2015-010 of 24 November, 2015 on the
new Criminal Code defines and cracks down on human trafficking from Articles 317
to 334 thereof.
c) Torture and other cruel, inhuman or degrading punishment and treatment
20. The new Criminal Code defines and cracks down on torture and other cruel,
inhuman or degrading punishment and treatment.
21. Under Article 198 of the new Code, the term torture refers to “Any act by which
pain or severe suffering, physical or mental, are intentionally inflicted on a person,
particularly with the aim of obtaining from the person or a third party information or
confessions, to punish him for an act that he or a third party has committed or is
suspected to have committed, to intimidate him or put pressure on him or on a third
party or for any other reason based on a form of discrimination in whatever form
when such a pain or such a sufferings are inflicted by a public official or any other
person acting in his official capacity or at the instigation of or with his express or
tacit consent”.
This term does not, however, include pain or suffering arising only from, inherent in
or incidental to, lawful penalties.
“The crime of torture is imprescriptible”.
22. In a bid to strengthen the capacity of the criminal investigation police and the
staff of the prison’s administration and reintegration in the area of combatting torture,
two regional workshops on training of trainers were organised in September 2014 for
120 participants from the five administrative regions of the country and the Lomé
Commune.
23. These workshops were organised with the technical and financial support of the
United Nations Development Programme in Togo (UNDP) and the United Nations
High Commissioner for Human Rights in Togo (OHCHR).
24. The Atlas of Torture Project initiated by Mr Manfred NOWAK, former Special
Rapporteur of the United Nations on Torture with the support of the European Union
was implemented in Togo during the period 2012-2013.
25. This project made it possible to develop the capacity of several stakeholders in
the area of combating torture. He also supported the government for the review of
the organic law relating to the composition, organisation and functioning of the
19