LEGAL TRAINING RESOURCE CENTER
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Background
Togo, officially the Togolese Republic, is a West African country with Lomé as its capital. It is one of the smallest African states, bordered to the north by Burkina Faso, to the south by the Gulf of Guinea, to the east by Benin and to the west by Ghana. The population is estimated at about 7.6 million in 2017.
On 27 September 1992, the Constitution of the Fourth Togolese Republic was adopted by referendum, which enshrines a number of provisions on the rights, freedoms and duties of citizens in Title II "Rights, freedoms and duties of citizens" (articles 10 to 50) and affirms the principles of separation of powers and independence of the judiciary and Title VIII "Judicial power" (articles 112-129). The fundamental objective of this Constitution was to include Togo in the circle of democratic states that respect human rights and the rule of law.
The judicial organisation in Togo
Type of legal system
The sources of the rights of the defence
National sources of the rights of the defence
International sources of the rights of the defence
The organs of the criminal trial
The judicial police
The Public Prosecutor's Office
The investigating judge and the indictment division
The trial courts
Legal aid situation
The rights of the accused
Free Justice
Principle of legality and non-retroactivity of criminal law
The right to be tried within a reasonable time
The abolition of the death penalty
Procedural guarantees
Presumption of innocence
The rights of the defence
Information on the inculpation charges
The right to have witnesses heard
Pre-trial criminal proceedings
Investigations in the criminal procedural system in Togo
The investigating judge
The constitution of a civil party
Transportation, searches and seizures
The hearing of witnesses
Questions and confrontations
Mandates and their execution
Preventive detention
The Letter of Request
Expertise
Nullity of information
Procedure during the trial
Before the Assize Court
Before the Court of First Instance
Debates
The judgment
The appeal and the appeal in cassation