for a crime or an offence for which the circumstances have not been defined by law
or for a contravention the terms of which have not been specified by regulation. No
one can be penalized for a penalty which has not been provided for by law, if the
breach is a crime or an indictable offence, or by regulation, if the breach is a
contravention. No one can be subjected to security measures which have not been
defined by law”.
Article 8: Freedom of conscience, the profession and free practice of religion.
86. Togo is a secular, democratic and social State (Article 1 of the Constitution).
Freedom of thought, conscience and religion is established by Article 25 of the
Constitution. Three major religious groupings co-exist harmoniously in Togo: they
include African traditional religions, Christianity and Islam together with different
philosophical and esoteric belief systems. The practice of each religion is conducted
freely in accordance with the principles of secularity in the country.
87. However, this practice creates some difficulties, particularly noise pollution,
leading thus to the establishment of a Department of Worships at the Ministry of
Territorial Administration.
88. It was with a view to establishing an institutional framework for the organisation
and practice of religious worships that the directorate of worships at the Ministry of
Territorial Administration, Decentralisation and Local Governments was established
by Decree No. 2008-090/PR of 28 July, 2008 on the organisation of ministerial
departments.
Article 9: The right to information, expression and dissemination of opinons
89. The freedoms of expression and the press are guaranteed and protected
respectively by Articles 25 and 26 of the constitution. But it is Law No. 98-004 of 11
February, 1998 on the Press and Communication Code, as amended and
supplemented by Laws No. 2000/006/ of 23 February, 2000, No. 2002-26 of 25
September 2002 and No. 2004-015 of 27 August, 2004 which sets out the legal
framework for the exercise of the freedom of the press.
90. The cases of limitations to the freedom of the press and communication are
penalised by fines (Article 99 (2) of the Press Code). In the event of obstruction with
violence, the provisions of the Criminal Code on deliberate assault, destruction and
degradation may be applied.
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