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COMMITTEE AGAINST TORTURE BEGINS CONSIDERATION OF REPORTS OF TOGO
10 May 2006
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10 May 2006
The Committee against Torture this morning began its consideration of the initial to fifth periodic reports of Togo on the efforts of that country to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Massan Loretta Acouetey, Minister for Human Rights, Democracy and Reconciliation of Togo, introduced the report, saying that torture was not expressly defined in the Togolese Penal Code in the sense of Article 1 of the Convention. It was under laws against violent acts, aggressions, sequestration and kidnapping and infliction of serious injuries that Togolese courts penalized acts of torture. While it did not have any domestic provisions for torture in its legal code, stricto sensu, Togo was also inclined to look favourably on any demand for extradition of an individual charged with torture made by a State party to the Convention. In that connection, it should be noted that Togo had never extradited an individual for torture before.
Serving as Rapporteur for the report of Togo was Committee Expert Guibril Camara, who said the first manifestation of accepting the Convention was to recognize the crime of torture and to create it in national legislation. Torture could not be assimilated with other forms of violence prohibited by law. The Committee had also learned that the former President of the Central African Republic, who was said to be a refugee in Togo, was to be taken to the International Criminal Court (ICC). He was suspected of committing human rights violations, including acts of torture. The Rapporteur said he would like to know Togo's position on that case, in particular with regard to Article 3 of the Convention.
Fernando Mariño Menendez, the Committee Expert serving as Co-Rapporteur for the report, said that, regarding training for the police, members of the judicial apparatus and prison warders to prevent the practice of torture, he had been pleased to note the existence of workshops in the report. He wondered, however, what the content of such programmes was. He had the impression that the programmes mentioned contained training in general human rights issues, but it was necessary to have training specifically targeting the crime of torture.
Other Committee Experts raised questions on issues pertaining to, among other things, the treatment of human rights defenders; forced disappearances; access of non-governmental organizations to detention centres; methods for combating impunity; violence in prisons, particularly violence against female prisoners; and the fact that Togo was known to be a country of transit for child victims of trafficking.
Also representing the delegation of Togo were Solitoki Esso, Technical Adviser to the President of the Republic, and Nakpa Polo, Director General for Human Rights, as well as other representatives from the Ministry of Justice and the Interministerial Commission for the Preparation of Initial and Periodic Reports.
The delegation will return to the Committee at 3 p.m. on Thursday, 11 May, to provide its response to the questions raised this morning.
Togo is among the 141 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.
At the end of the morning meeting, the Committee related the results of the discussions it had held in private during the present session concerning a number of organizational questions. In particular, the Committee indicated that it had decided to request States parties from now on to submit their written responses to the list of questions in cases where reports were submitted at least 12 weeks prior to the session at which they were to be considered. In addition, the Committee decided that it would impose a time limit, to be specified, for non-governmental organizations to confirm their participation in the NGO meetings held prior to the Committee's examination of reports of States parties.
When the Committee reconvenes at 3 p.m., it will hear the answers of Qatar to the questions posed by the Experts on Tuesday, 9 May.
Reports of Togo
The initial to fifth periodic reports of Togo, submitted in one document (CAT/C/5/Add.33), say that the Constitution prohibits the practice of torture and that the Criminal Code punishes all forms of violence. Other legislation, such as the law prohibiting female genital mutilation, provides a legal basis for the prohibition and punishment of acts of torture. Moreover, Togo is a party to virtually all the international human rights instruments and all these international instruments may be invoked before the courts or the administrative authorities, which may apply them directly. To date, there have been no cases of torture in the annals of Togolese justice.
With regard to prisons, every defendant or detainee has the right to food, bedding, hygiene and medical care, but all kinds of difficulties impede the realization of these rights. The right to food runs up against the problem of food shortages; the right to bedding is severely tested by the overcrowding in cells; the right to hygiene is undermined by the absence of buckets, soap and disinfectant, giving rise to diseases such as tuberculosis, chicken pox, ringworm and scabies; and the right to medical care is compromised in cases of serious illness, since prisons only stock first aid medicines. The single daily meal, often consisting of cornmeal or millet-paste balls served with a thin peanut sauce or dried okra powder and a few vegetable leaves, is served at lunchtime. Disciplinary measures, consisting of sweeping the floor and cleaning, are often imposed on prisoners. Some well-informed observers claim that prisoners are subjected to mental torture in Togolese prisons, although they accept that no physical torture takes place in them.
Presentation of Reports
MASSAN LORETTA ACOUETEY, Minister for Human Rights, Democracy and Reconciliation of Togo, said that the Convention against Torture entered into force in Togo on 26 June 1987. The present reports were drafted by the Interministerial Commission for the Preparation of Initial and Periodic Reports, which had encountered difficulties owing to a lack of up-to-date and relevant statistical data and a lack of material and financial resources.
Ms. Acouetey said that major changes had occurred since 2002. Togo had elected a new President with the formation of the Government of National Unity, following Presidential elections on 24 April 2005. Unfortunately, those elections were marred by violence that provoked significant population movements both within and outside the country. Since then, the Government of National Unity had taken measures that aimed to protect human rights and fundamental freedoms and to inculcate the values and practices of democracy and to strengthen the rule of law. In his address to the nation on 26 April this year, the Head of State reaffirmed his commitment and determination to put an end to abusive detentions, acts of gratuitous violence, and to ensure that there was compliance with the time limits for detentions, conditions of detention and the situation of prisoners, the adequate functioning of administrative tribunals and the return of refugees.
Significant advances had been made since August 2005, when the Head of State launched a national programme for the modernization of justice for 2005-2010. The legal arsenal to combat torture has also made major progress, including the Constitution of 1992, the Penal Code, the law of 17 November 1998 prohibiting the practice of female genital mutilation and a directive regarding assistance to detainees during preliminary investigations.
In addition to legal reforms, Ms. Acouetey underscored the establishment of various institutions to implement the rule of law, including an independent National Commission for Human Rights and the Office of Ombudsman of the Republic.
Response by Delegation
Continuing with her presentation, MASSAN LORETTA ACOUETEY, Minister for Human Rights, Democracy and Reconciliation of Togo, responded to a series of written questions prepared by the Committee in advance and sent to the State party beforehand.
With regard to whether torture was directly prohibited in the penal code and what penalties were attached to that crime, Ms. Acouetey said that torture was not expressly defined in the Togolese Penal Code in the sense of Article 1 of the Convention. It was under laws against violent acts, aggressions, sequestration and kidnapping and infliction of serious injuries that Togolese courts penalized acts of torture.
Since the ratification of the Convention in 1987, Ms. Acouetey said, Togo had been aware of the deficiency of the Penal Code with regard to prohibitions against torture. For that reason, the Government had established a National Programme for the Modernization of the Justice, which had led to the creation of a national commission for the modernization of legislation. The definition of torture would be a priority task in the preparation of the new penal code.
With regard to legislation and practices concerning disciplinary measures for members of the forces of public order, as well as training programmes for them, Ms. Acouetey said that, contrary to the widespread idea that law enforcement officials enjoyed impunity, there were two laws, that of 7 July 1963, which dealt with military personnel, and that of 9 July 1991, with regard to the police, which imposed individual responsibility on those agents for their actions. Under a number of different situations, many such agents had been sanctioned for their actions.
To prevent acts of torture in the exercise of their functions, training in international humanitarian law, and specifically the prohibition against torture, were included in the various training programmes for the different forces of public order. The recent events surrounding the electoral consultations had shown the limit of such training, however, Ms. Acouetey said, and it was clear they needed ongoing training and refresher courses for law enforcement agents so as to ensure that they respected human rights and human dignity in carrying out their everyday tasks.
Regarding guarantees for individuals in detention, arrested or imprisoned, as well as mechanisms for inspection of areas of detention with a view to preventing torture, Ms. Acouetey said that the Penal Code and the Code of Criminal Procedure prohibited secret detentions and provided for periodic visits by members of the public prosecutor's office and the judges of first instance, and to report thereon to the Minister of Justice. As a result of those visits, more than 400 detainees, found to be detained without sufficient justification, had been released, and a further 700 convicts, who had already served some of their sentences and were judged to be good candidates for reintegration into society, had been released.
On the subject of expulsion, refoulement or extradition, Ms. Acouetey said that Togo, as a party to the Convention, would not expel, refoule or extradite an individual to another State where there were reasons to believe he or she was at risk of being tortured. While it did not have any domestic provisions for torture in its legal code, stricto sensu, Togo was also inclined to look favourably on any demand for extradition of an individual charged with torture, made by a State party to the Convention. In that connection, it should be noted that Togo had never extradited an individual for torture before.
Questions by Experts
GUIBRIL CAMARA, the Committee Expert serving as Rapporteur for the reports of Togo, thanked the delegation for the abundant information it had provided and for the fact that the reports attempted to apply the Committee's guidelines for the preparation of country reports.
He asked for further clarification of the Constitutional provision that international treaties should constitute an integral part of that Constitution and that duly ratified treaties took precedence over the national laws. How would a contradiction between the Convention and national laws be resolved, Mr. Camara wondered.
The first manifestation of accepting the Convention, Mr. Camara said, was to recognize the crime of torture and to create it in national legislation. Torture could not be assimilated with other forms of violence prohibited by law. Torture was a specific crime. He recalled that in medieval times in Europe, torture was part of the law and acceptable under the law. In the eighteenth century, it became considered that such behaviour was no longer acceptable. That behaviour was considered so cruel and inhuman that a movement arose, which took place over decades, to banish the practice of torture. That was what had led to the creation of the Convention and the definition of torture found in it. That definition went beyond illicit acts. The Convention not only defined torture, but proscribed relevant penalties for acts of torture, commensurate with their grave nature
With regard to Article 3, which prohibited expulsion, return or extradition of a person to a country when there was reason to believe that that person might be subject to torture, the report contained nothing that indicated that such acts were not allowed in the country. Indeed, the report had said that there were some agreements with neighbouring States that provided for the return of individuals without any legal procedure. The only competent body for taking away the liberty of a person within the country was the Togolese State, Mr. Camara said. The police could not be allowed to hand over a person without a decision from a higher level, from the judiciary.
The Committee had learned that the former President of the Central African Republic, who was a refugee in Togo, was to be taken to the International Criminal Court (ICC). Recently the Appeals Court of the Central African Republic decided to send former President Ange-Félix Patassé to the ICC. He was suspected of committing human rights violations, including acts of torture. The Rapporteur said he would like to know Togo's position on that case, in particular with regard to Article 3 of the Convention.
FERNANDO MARIÑO MENENDEZ, the Committee Expert serving as Co-Rapporteur for the report of Togo, welcomed the plans of Togo to elaborate a new Penal Code, one which would clearly define the crime of torture, as set out in Article 1 of the Convention. In that connection, he would appreciate knowing when that legislation might be in place.
Regarding training for law enforcement agents, including members of the police, of the judicial apparatus or prison warders, to prevent the practice of torture, he welcomed the existence of workshops mentioned in the report. He wondered, however, what the content of such programmes was. He had the impression that the programmes mentioned contained training in general human rights issues, but it was necessary to have training specifically targeting the crime of torture.
Was there a national plan on child trafficking, Mr. Mariño Menendez asked?
He also understood from the report that prisoners had a right to medical care, but only if they requested it. Apparently it was not an automatic right. In that regard, prisoners also had a right to be informed of their rights, Mr. Mariño Menendez noted.
Were there investigations under way into the violence that surrounded the recent Presidential elections? He had heard that public order officials had been told to desist from investigations into those crimes. Was there some sort of amnesty in effect here, Mr. Mariño Menendez wondered.
He understood that there were inspections made of detention centres. Nevertheless, there had been an extension of the periods of detention, he noted. Before sentencing, but even after seeing a judge, there was a legal possibility for that judge to extend the term of that detention. Also, was there a Government policy to allow visits by non-governmental organizations (NGOs) to detention facilities?
Regarding the question of reparations for victims of torture, the practice of Togolese courts appeared to be non-existent, he remarked, as there was no definition of torture as a crime. Mr. Mariño Menendez said he would appreciate clarification as to how experts' reports were used to determine the nature of reparations owing to victims.
He wondered if there were legal protections for violence against women and children. Were there any customs regarding women that had the status of law that were prevailing here?
With regard to the situation in prisons, what body was responsible for keeping order there, Mr. Mariño Menendez asked. Was it the military? The State itself recognized the difficulties it was having in combating the many problems in that area, for example, overcrowding. He did note that there were programmes in place to build new facilities, but he would appreciate more information on the Government's plans to remedy the situation in the country's prisons.
His final question was a political one. He pointed to a phenomenon known as pro-Government militias in the country. Were those uncontrolled gangs that were tolerated in the country but not under Government control, he wondered.
Other Committee Experts also raised a series of questions. An Expert asked a question on the treatment of human rights defenders in the country. The Expert said that they had information that members of the Human Rights League of Togo had been assaulted by the military when they tried to draw up a report on the human rights situation in the country. Had those events been investigated and had individuals been held responsible for that attack, the Expert asked, or did the Government deny that those events had occurred?
Other issues raised included forced disappearances; access of non-governmental organizations to detention centres; methods for combating impunity; violence in prisons, particularly violence against female prisoners; and the fact that Togo was known to be a country of transit for child victims of trafficking.
In comments, the Chairman said that the report was a good one, but there were notably missing elements in the State party's legislation with regard to torture. The excuse made in the report, that there were insufficient resources to cure that situation, was not acceptable. All it required was changing the language in the existing statutes. Togo had to make the necessary changes in their laws, especially regarding Article 3 provisions on extradition.
* *** *
For use of the information media; not an official record
The Committee against Torture this morning began its consideration of the initial to fifth periodic reports of Togo on the efforts of that country to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Massan Loretta Acouetey, Minister for Human Rights, Democracy and Reconciliation of Togo, introduced the report, saying that torture was not expressly defined in the Togolese Penal Code in the sense of Article 1 of the Convention. It was under laws against violent acts, aggressions, sequestration and kidnapping and infliction of serious injuries that Togolese courts penalized acts of torture. While it did not have any domestic provisions for torture in its legal code, stricto sensu, Togo was also inclined to look favourably on any demand for extradition of an individual charged with torture made by a State party to the Convention. In that connection, it should be noted that Togo had never extradited an individual for torture before.
Serving as Rapporteur for the report of Togo was Committee Expert Guibril Camara, who said the first manifestation of accepting the Convention was to recognize the crime of torture and to create it in national legislation. Torture could not be assimilated with other forms of violence prohibited by law. The Committee had also learned that the former President of the Central African Republic, who was said to be a refugee in Togo, was to be taken to the International Criminal Court (ICC). He was suspected of committing human rights violations, including acts of torture. The Rapporteur said he would like to know Togo's position on that case, in particular with regard to Article 3 of the Convention.
Fernando Mariño Menendez, the Committee Expert serving as Co-Rapporteur for the report, said that, regarding training for the police, members of the judicial apparatus and prison warders to prevent the practice of torture, he had been pleased to note the existence of workshops in the report. He wondered, however, what the content of such programmes was. He had the impression that the programmes mentioned contained training in general human rights issues, but it was necessary to have training specifically targeting the crime of torture.
Other Committee Experts raised questions on issues pertaining to, among other things, the treatment of human rights defenders; forced disappearances; access of non-governmental organizations to detention centres; methods for combating impunity; violence in prisons, particularly violence against female prisoners; and the fact that Togo was known to be a country of transit for child victims of trafficking.
Also representing the delegation of Togo were Solitoki Esso, Technical Adviser to the President of the Republic, and Nakpa Polo, Director General for Human Rights, as well as other representatives from the Ministry of Justice and the Interministerial Commission for the Preparation of Initial and Periodic Reports.
The delegation will return to the Committee at 3 p.m. on Thursday, 11 May, to provide its response to the questions raised this morning.
Togo is among the 141 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.
At the end of the morning meeting, the Committee related the results of the discussions it had held in private during the present session concerning a number of organizational questions. In particular, the Committee indicated that it had decided to request States parties from now on to submit their written responses to the list of questions in cases where reports were submitted at least 12 weeks prior to the session at which they were to be considered. In addition, the Committee decided that it would impose a time limit, to be specified, for non-governmental organizations to confirm their participation in the NGO meetings held prior to the Committee's examination of reports of States parties.
When the Committee reconvenes at 3 p.m., it will hear the answers of Qatar to the questions posed by the Experts on Tuesday, 9 May.
Reports of Togo
The initial to fifth periodic reports of Togo, submitted in one document (CAT/C/5/Add.33), say that the Constitution prohibits the practice of torture and that the Criminal Code punishes all forms of violence. Other legislation, such as the law prohibiting female genital mutilation, provides a legal basis for the prohibition and punishment of acts of torture. Moreover, Togo is a party to virtually all the international human rights instruments and all these international instruments may be invoked before the courts or the administrative authorities, which may apply them directly. To date, there have been no cases of torture in the annals of Togolese justice.
With regard to prisons, every defendant or detainee has the right to food, bedding, hygiene and medical care, but all kinds of difficulties impede the realization of these rights. The right to food runs up against the problem of food shortages; the right to bedding is severely tested by the overcrowding in cells; the right to hygiene is undermined by the absence of buckets, soap and disinfectant, giving rise to diseases such as tuberculosis, chicken pox, ringworm and scabies; and the right to medical care is compromised in cases of serious illness, since prisons only stock first aid medicines. The single daily meal, often consisting of cornmeal or millet-paste balls served with a thin peanut sauce or dried okra powder and a few vegetable leaves, is served at lunchtime. Disciplinary measures, consisting of sweeping the floor and cleaning, are often imposed on prisoners. Some well-informed observers claim that prisoners are subjected to mental torture in Togolese prisons, although they accept that no physical torture takes place in them.
Presentation of Reports
MASSAN LORETTA ACOUETEY, Minister for Human Rights, Democracy and Reconciliation of Togo, said that the Convention against Torture entered into force in Togo on 26 June 1987. The present reports were drafted by the Interministerial Commission for the Preparation of Initial and Periodic Reports, which had encountered difficulties owing to a lack of up-to-date and relevant statistical data and a lack of material and financial resources.
Ms. Acouetey said that major changes had occurred since 2002. Togo had elected a new President with the formation of the Government of National Unity, following Presidential elections on 24 April 2005. Unfortunately, those elections were marred by violence that provoked significant population movements both within and outside the country. Since then, the Government of National Unity had taken measures that aimed to protect human rights and fundamental freedoms and to inculcate the values and practices of democracy and to strengthen the rule of law. In his address to the nation on 26 April this year, the Head of State reaffirmed his commitment and determination to put an end to abusive detentions, acts of gratuitous violence, and to ensure that there was compliance with the time limits for detentions, conditions of detention and the situation of prisoners, the adequate functioning of administrative tribunals and the return of refugees.
Significant advances had been made since August 2005, when the Head of State launched a national programme for the modernization of justice for 2005-2010. The legal arsenal to combat torture has also made major progress, including the Constitution of 1992, the Penal Code, the law of 17 November 1998 prohibiting the practice of female genital mutilation and a directive regarding assistance to detainees during preliminary investigations.
In addition to legal reforms, Ms. Acouetey underscored the establishment of various institutions to implement the rule of law, including an independent National Commission for Human Rights and the Office of Ombudsman of the Republic.
Response by Delegation
Continuing with her presentation, MASSAN LORETTA ACOUETEY, Minister for Human Rights, Democracy and Reconciliation of Togo, responded to a series of written questions prepared by the Committee in advance and sent to the State party beforehand.
With regard to whether torture was directly prohibited in the penal code and what penalties were attached to that crime, Ms. Acouetey said that torture was not expressly defined in the Togolese Penal Code in the sense of Article 1 of the Convention. It was under laws against violent acts, aggressions, sequestration and kidnapping and infliction of serious injuries that Togolese courts penalized acts of torture.
Since the ratification of the Convention in 1987, Ms. Acouetey said, Togo had been aware of the deficiency of the Penal Code with regard to prohibitions against torture. For that reason, the Government had established a National Programme for the Modernization of the Justice, which had led to the creation of a national commission for the modernization of legislation. The definition of torture would be a priority task in the preparation of the new penal code.
With regard to legislation and practices concerning disciplinary measures for members of the forces of public order, as well as training programmes for them, Ms. Acouetey said that, contrary to the widespread idea that law enforcement officials enjoyed impunity, there were two laws, that of 7 July 1963, which dealt with military personnel, and that of 9 July 1991, with regard to the police, which imposed individual responsibility on those agents for their actions. Under a number of different situations, many such agents had been sanctioned for their actions.
To prevent acts of torture in the exercise of their functions, training in international humanitarian law, and specifically the prohibition against torture, were included in the various training programmes for the different forces of public order. The recent events surrounding the electoral consultations had shown the limit of such training, however, Ms. Acouetey said, and it was clear they needed ongoing training and refresher courses for law enforcement agents so as to ensure that they respected human rights and human dignity in carrying out their everyday tasks.
Regarding guarantees for individuals in detention, arrested or imprisoned, as well as mechanisms for inspection of areas of detention with a view to preventing torture, Ms. Acouetey said that the Penal Code and the Code of Criminal Procedure prohibited secret detentions and provided for periodic visits by members of the public prosecutor's office and the judges of first instance, and to report thereon to the Minister of Justice. As a result of those visits, more than 400 detainees, found to be detained without sufficient justification, had been released, and a further 700 convicts, who had already served some of their sentences and were judged to be good candidates for reintegration into society, had been released.
On the subject of expulsion, refoulement or extradition, Ms. Acouetey said that Togo, as a party to the Convention, would not expel, refoule or extradite an individual to another State where there were reasons to believe he or she was at risk of being tortured. While it did not have any domestic provisions for torture in its legal code, stricto sensu, Togo was also inclined to look favourably on any demand for extradition of an individual charged with torture, made by a State party to the Convention. In that connection, it should be noted that Togo had never extradited an individual for torture before.
Questions by Experts
GUIBRIL CAMARA, the Committee Expert serving as Rapporteur for the reports of Togo, thanked the delegation for the abundant information it had provided and for the fact that the reports attempted to apply the Committee's guidelines for the preparation of country reports.
He asked for further clarification of the Constitutional provision that international treaties should constitute an integral part of that Constitution and that duly ratified treaties took precedence over the national laws. How would a contradiction between the Convention and national laws be resolved, Mr. Camara wondered.
The first manifestation of accepting the Convention, Mr. Camara said, was to recognize the crime of torture and to create it in national legislation. Torture could not be assimilated with other forms of violence prohibited by law. Torture was a specific crime. He recalled that in medieval times in Europe, torture was part of the law and acceptable under the law. In the eighteenth century, it became considered that such behaviour was no longer acceptable. That behaviour was considered so cruel and inhuman that a movement arose, which took place over decades, to banish the practice of torture. That was what had led to the creation of the Convention and the definition of torture found in it. That definition went beyond illicit acts. The Convention not only defined torture, but proscribed relevant penalties for acts of torture, commensurate with their grave nature
With regard to Article 3, which prohibited expulsion, return or extradition of a person to a country when there was reason to believe that that person might be subject to torture, the report contained nothing that indicated that such acts were not allowed in the country. Indeed, the report had said that there were some agreements with neighbouring States that provided for the return of individuals without any legal procedure. The only competent body for taking away the liberty of a person within the country was the Togolese State, Mr. Camara said. The police could not be allowed to hand over a person without a decision from a higher level, from the judiciary.
The Committee had learned that the former President of the Central African Republic, who was a refugee in Togo, was to be taken to the International Criminal Court (ICC). Recently the Appeals Court of the Central African Republic decided to send former President Ange-Félix Patassé to the ICC. He was suspected of committing human rights violations, including acts of torture. The Rapporteur said he would like to know Togo's position on that case, in particular with regard to Article 3 of the Convention.
FERNANDO MARIÑO MENENDEZ, the Committee Expert serving as Co-Rapporteur for the report of Togo, welcomed the plans of Togo to elaborate a new Penal Code, one which would clearly define the crime of torture, as set out in Article 1 of the Convention. In that connection, he would appreciate knowing when that legislation might be in place.
Regarding training for law enforcement agents, including members of the police, of the judicial apparatus or prison warders, to prevent the practice of torture, he welcomed the existence of workshops mentioned in the report. He wondered, however, what the content of such programmes was. He had the impression that the programmes mentioned contained training in general human rights issues, but it was necessary to have training specifically targeting the crime of torture.
Was there a national plan on child trafficking, Mr. Mariño Menendez asked?
He also understood from the report that prisoners had a right to medical care, but only if they requested it. Apparently it was not an automatic right. In that regard, prisoners also had a right to be informed of their rights, Mr. Mariño Menendez noted.
Were there investigations under way into the violence that surrounded the recent Presidential elections? He had heard that public order officials had been told to desist from investigations into those crimes. Was there some sort of amnesty in effect here, Mr. Mariño Menendez wondered.
He understood that there were inspections made of detention centres. Nevertheless, there had been an extension of the periods of detention, he noted. Before sentencing, but even after seeing a judge, there was a legal possibility for that judge to extend the term of that detention. Also, was there a Government policy to allow visits by non-governmental organizations (NGOs) to detention facilities?
Regarding the question of reparations for victims of torture, the practice of Togolese courts appeared to be non-existent, he remarked, as there was no definition of torture as a crime. Mr. Mariño Menendez said he would appreciate clarification as to how experts' reports were used to determine the nature of reparations owing to victims.
He wondered if there were legal protections for violence against women and children. Were there any customs regarding women that had the status of law that were prevailing here?
With regard to the situation in prisons, what body was responsible for keeping order there, Mr. Mariño Menendez asked. Was it the military? The State itself recognized the difficulties it was having in combating the many problems in that area, for example, overcrowding. He did note that there were programmes in place to build new facilities, but he would appreciate more information on the Government's plans to remedy the situation in the country's prisons.
His final question was a political one. He pointed to a phenomenon known as pro-Government militias in the country. Were those uncontrolled gangs that were tolerated in the country but not under Government control, he wondered.
Other Committee Experts also raised a series of questions. An Expert asked a question on the treatment of human rights defenders in the country. The Expert said that they had information that members of the Human Rights League of Togo had been assaulted by the military when they tried to draw up a report on the human rights situation in the country. Had those events been investigated and had individuals been held responsible for that attack, the Expert asked, or did the Government deny that those events had occurred?
Other issues raised included forced disappearances; access of non-governmental organizations to detention centres; methods for combating impunity; violence in prisons, particularly violence against female prisoners; and the fact that Togo was known to be a country of transit for child victims of trafficking.
In comments, the Chairman said that the report was a good one, but there were notably missing elements in the State party's legislation with regard to torture. The excuse made in the report, that there were insufficient resources to cure that situation, was not acceptable. All it required was changing the language in the existing statutes. Togo had to make the necessary changes in their laws, especially regarding Article 3 provisions on extradition.
* *** *
For use of the information media; not an official record