Topic: Rights of Accused
Country: Togo
Delegate Name: Claire Ronan
School: Royal Oak High School
Topic page: background guide and all position papers All Togo position papers GLIMUN 2015 committees
In Togo, we believe the State has the obligation to guarantee the physical and mental integrity, the life and the security of every living person in the national territory, no matter their legal status.The rights of the accused as stated in Togo’s constitution are:
• No one may be arbitrarily arrested or detained. Whoever is arrested without legal basis or detained longer than the time period of arrest may, on their request or that of any interested person, refer [the matter] to the judicial authority designated to this effect by the law. The judicial authority decides without delay on the legality or the regularity of their detention.
• No one has the right to obstruct an accused person or detained [person] from being examined by a doctor of their choice.
• Every accused [person] has the right to be assisted by counsel at the stage of the preliminary inquiry.
• Every person arrested has the right to be immediately informed of the charges brought against them.
• Any accused [person] or suspected [person] is presumed innocent until their culpability has been established following a process that offers them the guarantees indispensable to their defense.
• No one may be submitted to torture or to other forms of cruel, inhuman or degrading
treatments.
• No one may evade the punishment incurred by committing such violations by
invoking the order of a superior or [that] of a public authority.
• Any individual, or any agent of the State, culpable of such acts, either on their own
initiative, or on instruction, will be punished in accordance with the law.
• Any individual, or any agent of the State is relieved of the duty of obedience when
the order received constitutes a grave and manifest infringement of the respect of the Rights of Man and of the public freedoms.
The judicial power, which is our guardian of individual liberty, assures respect for these rights, seeing as our constitution is the supreme law of the land. Unfortunately due to high levels of corruption in our bureaucracy, the rights of the accused are not always respected in Togo. In 2005, violence marred the national presidential election leaving nearly 800 people dead. This prompted immediate international action and an inquiry by the UN. In June of 2006 a UN Human Rights office was established within the country to help our government face some of the difficult issues that they themselves, were not willing to face. Some of these issues were around impunity, some of the issues were with the recklessness in the administration of justice. To strengthen the administration of justice in the country, the UNHR office engaged the judiciary in various training programmes, including drawing up a code of conduct for magistrates, and imposing regular human rights training workshops to judges, police officers, and teachers. With the support of the UNHR office, we are setting ethical standards in the Togolese justice system. In 2011, Togo abolished its death penalty and is still in the process of modernising their judicial system to mirror the recommendations posed by the UN. This has led to efforts in the capacity building of judicial staff through measures such as improving remuneration, recognition, and ethics education of judicial staff to ensure their independence and impartiality.
Nearly a decade since the establishment of the UNHR office, the journey towards democratization and upholding the respect of the rights of the accused is on course, while the justice system in Togo continues to undertake many reforms. While in committee we look to not only establish protective rights of the accused in countries where they might not be as prevalent, but to also maintain that these rights are upheld even when a nation is in a ‘fragile’ state that lacks human and financial resources, or is facing corruption.
