Amnesty International Report 2005 - Togo

Covering events from January - December 2004

There was continuing concern about the safety of military officers held in Lomé civil prison. Harassment of human rights defenders was reported. Widespread torture and ill-treatment continued to be reported. Little progress was made in improving the human rights situation in the country, despite pressure from the European Union (EU) to release prisoners of conscience and adopt new legislation on the press.

Background

In April, the EU began a six-month consultation process with Togo under the Cotonou Agreement. The Agreement provides for the suspension of cooperation with a country if it fails to respect human rights, democratic principles and the rule of law; the EU had suspended cooperation with Togo since 1993.

In April, the Togolese authorities gave 22 undertakings to the EU. They committed to resume "national dialogue with the traditional opposition and civil society"; to prevent and punish extrajudicial killings, torture and other forms of cruel, inhuman or degrading treatment; to release political prisoners; to reform the justice system; to revise the press and communication code; and to ensure that the media, non-governmental organizations and civil society representatives were not harassed, censored or intimidated. While recognizing that "a significant number of measures had been taken by the Togolese authorities", the EU stated in November that "a number of points continue to give rise to concern especially as regards the restoration of democracy". As a consequence the European Council decided that full cooperation with the EU would resume "once free and fair elections have been held".

Freedom of expression

In August, the National Assembly adopted a new code of press and communication. Prison sentences were abolished for several offences including causing offence to the President of the Republic, the President of the National Assembly and other senior establishment figures; and defamation. The new code provides instead for heavy fines of up to 5 million CFA francs (Communauté Financière Africaine francs, approximately US$10,000). Pre-trial detention remained possible for a limited number of offences.

Access was restored to several Internet sites which had previously been censored.

People raising concerns about the human rights situation in Togo were harassed and intimidated, despite the legal reforms and undertakings given to the EU.

• In April, Yves Kpeto, a journalist at Nana FM radio, was severely beaten by security forces during a demonstration in Lomé.

• In October, Dimas Dzikodo, Publishing Director of newly created weekly Le Forum de la semaine, received anonymous threats after the publication of an opinion piece denouncing embezzlement by the head of state and his family.

• In July during a public radio interview, the President of the National Assembly called the Togolese League of Human Rights (Ligue togolaise des droits de l'homme) "delinquents" after the International Federation for Human Rights (Fédération internationale des ligues des droits de l'homme) released a report on the human rights situation in the country.

Releases

Dozens of prisoners of conscience and people who had been arbitrarily detained were released throughout the year. Other common law prisoners who had spent prolonged periods of time in detention were also released as part of the authorities' efforts to fulfil the undertakings given to the EU.

• Prisoners of conscience Marc Palanga and Boboli Panamnéwé, both members of the Union of Forces for Change (Union des forces du changement, UFC), were released in May. The two men had been arrested in February 2003 and sentenced by a court in Kara, northern Togo, in May 2004 to 12 months' imprisonment (with five months suspended) for violence against public authorities. They were arrested solely on account of their peaceful involvement with the UFC.

• Marc Atidépé and Kokou Alowou were released in July after spending 11 years in detention without trial. They had been held since 1993 on suspicion of being members of an armed group.

• Seven out of a group of nine refugees arrested in Ghana in 1997 and handed over to the Togolese authorities were released in August, after seven years in detention without trial in Kara. The two others had died in detention in previous years.

Arbitrary detention of military officers

Dozens of military officers arrested in May 2003 remained in detention without trial in Lomé civil prison throughout the year. A mission mandated by the EU to verify the implementation of the undertakings given by the Togolese authorities was denied access to this group of detainees while visiting Lomé civil prison. It was unclear whether charges had been brought against them. They were apparently accused of plotting against the state.

Deaths in custody

• In January, Komi Kouma Tengué reportedly died after three days in incommunicado detention (garde à vue) in the police station in Kévé. The police authorities claimed he drowned. However, a medical report indicated that he died from a violent blow. His family claimed he died as a result of torture.

• Lieutenant Kpandang and Yao Mensah, two of the military officers detained in Lomé civil prison since May 2003, died in detention. Reports suggested that their deaths may have been linked to harsh prison conditions and inadequate medical treatment.

Torture, ill-treatment and harsh conditions of detention

Torture and ill-treatment remained widespread. Former prisoners reported that they had been tortured by the security forces, especially during pre-trial detention, and held in harsh conditions in Lomé and Kara civil prisons. No action was known to have been taken to hold to account those responsible for torturing and ill-treating detainees and no measures were known to have been taken to improve conditions of detention in Togo.

Arrest of returned asylum-seekers

There were reports that security forces arrested returned asylum-seekers on their arrival in Togo. Some were released after a few days while others remained in unlawful detention for several weeks.