Constitutional Provisions

The 1992 Constitution of Togo establishes the nation's Fourth Republic. According to Article 13:

The state is obligated to guarantee the physical et mental integrity, life, and security of every person living on the national territory. No one may be arbitrarily deprived of his/her freedom or life.

In accordance with Article 49,  the security forces and the police, under the authority of the government, are mandated to protect the free exercise of rights and freedoms and to 
guarantee the security of citizens and their property.

Treaty Adherence 

Global Treaties

Adherence to Selected Human Rights Treaties
1966 Covenant on Civil and Political Rights (ICCPR) State Party
ICCPR Optional Protocol 1 State Party
1984 Convention against Torture (CAT) State Party
Competence of CAT Committee to receive individual complaints  Yes
CAT Optional Protocol 1 State Party
Adherence to International Criminal Law Treaties
1998 Rome Statute of the International Criminal Court Not party

Regional Treaties

Adherence to Regional Human Rights Treaties
1981 African Charter on Human and Peoples' Rights State Party
1998 Protocol to the African Charter on the African Court State Party
Article 34(6) declaration regarding individual petitions No
Adherence to International Criminal Law Treaties at Regional Level
Adherence to International Criminal Law Treaties at Regional Level Not party

National Legislation

Police Use of Force

Law enforcement in Togo is conducted by the national police force and the paramilitary gendarmerie.

A 2013 decree on the maintenance and re-establishment of public order governs police use of force with respect to public assemblies. It allows the use of firearms or bladed weapons if other less-lethal weapons have proven ineffective and the police have been "exceptionally calm and patient".Art. 31, Decret N° 2013-013/PR du 0603 2013 portant réglementation du maintien et du rétablissement de l'ordre public.This does not comply with international law, which only allows firearms to be used by law enforcement officials where necessary and when either an imminent threat to life or of serious injury exists, or in the event of a grave and impending threat to life. Bladed weapons should never be used against persons by law enforcement officials.

Police Oversight

There is no independent, civilian police oversight body in Togo, although there is the potential for judicial oversight. In its 2017 Human Rights Report on Togo, the United States stated that the civilian authorities "at times did not maintain effective control over the security forces".

Caselaw

International

In its Concluding Observations on Togo in 2012, the United Nations Committee against Torture expressed its concern as to 

the allegations of torture and ill-treatment in detention, in particular of persons held in custody who are detained on the premises of investigative units or in police stations, gendarmeries, offices of the National Intelligence Agency, barracks of the presidential guard or other places of detention, including unofficial places of detention.Committee against Torture, Concluding Observations on Togo, UN doc. CAT/C/TGO/CO/2, 11 December 2012, para. 9.

In October 2017, the United States issued a statement expressing its concern about the increasingly deteriorating political situation in Togo, particularly about the use of excessive force by the security forces on protesters. 

Regional

In April-May 2018, the African Commission on Human and Peoples’ Rights issued a resolution on the human rights situation in Togo in which it strongly condemned 

all human rights violations that have been committed and urges the Togolese Government to put an end to them, in particular arrest, torture, arbitrary detention and other violations.

The resolution also called for

impartial and independent investigations in order to identify the presumed perpetrators of these violations and ensure that they are prosecuted in accordance with the law.Resolution on the Human Rights Situation in Togo - ACHPR/Res. 397 (LXII) 2018, paras. 1 and 2.

Downloads

1992 Constitution du Togo

1992 Constitution of Togo (unofficial English version)

Decret N° 2013-013/PR portant réglementation du maintien et du rétablissement de l'ordre public

Code pénale du Togo (2015)

Committee against Torture Concluding observations on Togo (2012)