Togo- Justice in disarray: CNDH calls for urgent reform of detentions

On Friday in Lomé, the National Human Rights Commission (CNDH) revived the debate on pre-trial detention in Togo, a measure that was supposed to be exceptional, but has in fact become a routine mechanism, widely criticized for its abuses.

According to figures revealed by CNDH President Me Kwao Ohini Sanvee, more than half the people incarcerated in Togolese prisons are awaiting trial. This alarming situation contributes to prison overcrowding and raises serious human rights concerns.

"Pre-trial detention, which should guarantee the smooth running of the judicial investigation, is becoming an anticipated penalty, sometimes heavier than the final sentence," says Me Sanvee. The President of the Commission points his finger at the slowness of proceedings, the crying shortage of magistrates, the inadequacy of prison infrastructures, often inherited from colonial times, and the rise in cybercrime-related offences.

By way of comparison, in France, the maximum duration of pre-trial detention is strictly regulated: four months for misdemeanors, two to three years for felonies. In Togo, on the other hand, cases of pre-trial detention lasting several years are not uncommon. Some people wait two years for trial for a misdemeanor punishable by three years' imprisonment, or six years for a felony which, in the end, will only earn them a five-year sentence.

The CNDH also denounces unhealthy social and judicial pressure: in the collective imagination, not incarcerating a suspect as soon as a complaint has been lodged is often interpreted as proof of weakness or partiality on the part of the judge. This culture contributes to an inflation of committal orders, often without sufficient justification.

To break this deadlock, the Commission recommends two major avenues: firstly, to develop credible alternatives to detention, such as judicial review or bail; secondly, to set clear and strict limits on the duration of pre-trial detention, in line with international standards.

These recommendations were at the heart of a meeting organized today in Lomé, bringing together all those involved in the criminal justice system. The aim was to draw up concrete proposals to be submitted to the government, in order to give impetus to a much-needed reform of the Togolese justice system.