Togo(en)

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LEGAL TRAINING RESOURCE CENTER


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