respect for this principle under the conditions provided for by law” (Article 18 (1)
and (2) of the Constitution).
68. Under the provisions of Article 52 of the Criminal Procedure Code, if for
purposes of investigations, the judicial police officer is compelled to keep in custody
one or several people against whom serious and incontrovertible charges have been
brought, warranting their custody, the officer cannot keep them for more than 48
hours. This time limit can be extended for another 48 hours subject to authorisation
by a State prosecutor or the prosecuting judge.
69. If the arrest took place outside the Public Prosecutor’s Office, this time limit may
be increased by 24 hours, the time necessary to transport the person in custody to the
competent judge.
70. Where the facts are particularly serious and complex, the time limits provided for
in the preceding Articles may be extended by 8 days by written authorisation from
the public prosecutor or from the examining magistrate.
But in practice, some of these time limits are sometimes not complied with.
b) The right to defence
71. Every individual has the right to defend his interests before courts. Article 11 of
Order No. 78-35 of 7 September, 1978 on the organisation of the Judiciary in Togo
stipulates that: “In any matter, no one can be tried without being given a fair
opportunity to present their defence. Lawyers have unfettered access to all the courts.
The defence and choice of a defence counsel are free”.
72. Similarly, during the interrogation phase of accused persons, the judge is dutybound to inform the accused of his right to choose a counsel (Article 92 of the
Criminal Procedure Code).
73. The assistance by a lawyer is mandatory in criminal prosecution (Article 186 of
the Criminal Procedure Code). Thus, if an accused person does not have the means to
afford the services of a lawyer, he is offered one automatically.
74. At the solemn hearing markng the beginning of the judicial year, the Bar
Association of Lomé organises free legal assistance sessions for accused or suspected
persons who do not have financial resources.
75. Some civil society organisations, particularly the Focus and Action Group for
Women, Democracy and Development (GF2D), the Network for Combating Child
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