A/HRC/7/3/Add.5
page 2
Summary
The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment undertook a visit to Togo from 11 to 17 April 2007. He expresses his appreciation to
the Government for the full cooperation it extended to him. The report contains a study of the
legal and factual aspects regarding the situation of torture and ill-treatment in Togo.
The Special Rapporteur, while noting the overall commitment by the current Government
to combat torture and, resulting from this, considerable improvements since 2005, in most police
commissariats and gendarmerie posts that he visited, has found evidence of ill-treatment by
law-enforcement officials, which was inflicted mostly during interrogation for the purpose of
obtaining a confession. He also found allegations and evidence of several cases of beatings by
prison guards and other prisoners as a means of punishment. He is very concerned that minors
and children are at greater risk of corporal punishment and ill-treatment than adults in situations
where they are deprived of their liberty.
With regard to conditions in police and gendarmerie custody, but also in most prisons, the
Special Rapporteur is of the opinion that they amount to inhuman treatment. In particular, he is
concerned about the severe overcrowding in most prisons, the deplorable sanitary situation, the
quantity and quality of food, as well as the restricted access to medical services.
The Special Rapporteur identified the following underlying causes: almost total impunity,
resulting inter alia from the fact that Togolese law does not contain an explicit prohibition of
torture, deficiencies of the criminal justice system, lack of safeguards against torture and of
independent monitoring mechanisms, involvement of the military in law-enforcement activities
and the lack of resources and corruption.
He therefore recommends that the Government of Togo take measures in order to fully
implement its obligations under its Constitution and international human rights law. In particular,
the Special Rapporteur recommends that the Government, with the assistance of the international
community, criminalize torture and fight impunity, improve existing safeguards against torture
and ensure that they are implemented, introduce and strengthen restorative justice and
non-custodial measures of punishment, continue efforts to improve the detention conditions, in
particular with a view to providing health care, ensure that the criminal justice system is
non-discriminatory at every stage, inter alia through combating corruption. He also makes
recommendations with regard to preventing torture, such as defining clear responsibilities
for law-enforcement organs and improving their training.