Human Rights in Togo - Rights of Persons On Trial

Rights of Persons On Trial

In 2007, victims of abuse during the 2005 elections had to pay a sum to the court in exchange for having their cases moved forward. Some of those who paid did not get anything in return. Owing partly to a shortage of judges and other qualified judicial officials, defendants are often kept in pretrial detention for long periods, which sometimes are longer than the terms they would have been sentenced to if put on trial and found guilty. Also, there is considerable judicial corruption, with the executive branch exerting influence over judges, and lawyers bribing judges. Judges who support the ruling party are given higher positions than those who support an independent judiciary. There is no presumption of innocence; there is trial by jury; trials are open. Defendants have the right to an attorney, and are provided with one if they cannot afford to pay. This and other rights are generally respected in practice, but defendants' right to see government evidence is not. In rural villages, chiefs or elders are empowered to try minor cases.

A young British human-rights volunteer in Togo describes attending a trial at which he was pressed into service as a translator.

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