Rule of terror

TOGO: Rule of terror

Introduction

For years, a constant stream of information about human rights violations in Togo has been emerging. Extrajudicial executions, and "disappearances" are carried out with total impunity in the country, governed since 1967 by President GNASSINGBÉ Eyadéma. Arbitrary arrests followed by torture and ill-treatment, sometimes result in deaths in detention.

Breaches of national legislation as well as failure to respect international standards, notably the International Covenant on Civil and Political Rights and the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture), both ratified by Togo, continue, and have seriously undermined the fragile structure of Togolese society.

None of the democratic changes put in place in Togo since the major demonstrations on 5 October 1990, has succeeded in putting a stop to human rights violations. During the second quarter of 1991, a national conference bringing together several hundred individuals including members of non-governmental human rights organisations set up institutions for a transition. A new constitution opening the way to political pluralism was approved by referendum in September 1992. However, the advent of a multi-party system and of a degree of freedom of expression have not prevented serious infringements of individuals' rights being committed with total impunity.

These violations are largely attributable to the security forces who have acted for years without being accountable to the law. An Amnesty International delegation in November and December 1998 met numerous witnesses who emphasised the deliberate intention of the Forces armées togolaises (FAT), Togolese armed forces, and the gendarmerie nationale, paramilitary police force, to terrorise the civilian population, especially in the period leading up to electoral rallies when the Togolese authorities sense a will for change among the population. This was the case at the time of the peaceful demonstration in January 1993 and at the time of the presidential election in June 1998. The Togolese security forces, which have a responsibility to protect Togolese citizens, are instead inspiring terror. A former prisoner of conscience^[1] arbitrarily arrested at the time of the presidential election in 1998, and tortured during his detention, spoke to the Amnesty International delegation of his fear at the very sight of someone in the uniform of the security forces. Other detainees live in hiding in Togo after their release, or have taken refuge in neighbouring countries, including Benin and Ghana, or even in Europe.

The three-person Amnesty International delegation which visited Togo in November and December 1998, discussed the seriousness of the human rights situation with senior officials of the country, including the Ministers of Justice, the Interior and Defence. All of them asserted their commitment to the protection and promotion of human rights and declared that the rule of law prevailed in their country. The Amnesty International delegation was also able to carry out, without hindrance, an investigation among the victims and first-hand witnesses of certain acts of aggression in the capital and in the districts, including Haho, Lacs, Ogou and Yoto. In addition, the Amnesty International delegation met other Togolese victims and witnesses resident in Ghana or Benin.

            Despite this apparent good will towards Amnesty International, the Togolese authorities refuse to make explicit their policies on human rights. Confronted with a whole raft of evidence, in particular relating to extrajudicial executions, arbitrary arrests followed by torture and ill-treatment, and deaths in detention, the authorities denied Amnesty International's claims and reproached the delegation for stirring up past history. The Minister of the Interior admitted to the extrajudicial execution of Colonel TEPE Eugène Koffi, chief of staff, and three members of his family, in March 1993, the day after the attack on the camp of the Régiment interarmes togolais (RIT), Togolese Combined Regiment. He said: "It has to be put in context; members of the military wanted to take revenge, here we are in Africa, it is obvious that in Europe this could never occur". At least 20 people, including civilians and members of the military, were extrajudicially executed by the FAT. Another Minister admitted to the extrajudicial execution of a "rebel" and another spoke of  a "bavure", "regrettable error", to minimise the security forces' actions.

In the face of repeated allegations of human rights violations, Amnesty International is reiterating its call for the words "oubli", "oversight", and "bavure", "regrettable error", not to become systematic. Civil society, victims and their relations, as well as the international community awaits a response from the Togolese authorities and cannot be content with rhetoric evoking a hypothetical rule of law. The situation in the country demands concrete action. Togo, which has ratified almost the full panoply of international instruments and which has a constitution that offers certain guarantees in respect of human rights, cannot hide its face and must honour its commitments at the national as well as the international level.

On several occasions in the past, Amnesty International has made proposals to the Togolese authorities that they act urgently to prevent new breaches of human rights, but to date no real action has been taken to put a stop to a situation which has already resulted in hundreds of civilian victims.

The current document is based on the findings of an Amnesty International visit in November and December 1998. It describes the policy of extrajudicial executions, the pattern of "disappearances", arbitrary arrests and detentions followed by torture and ill-treatment as well as deaths in detention and unacceptable conditions of detention over the last four years. It concludes with a number of recommendations addressed to the Togolese authorities and to other countries, principally France, which is requested to ensure that transfers of military, security and police equipment are not used against the civilian population and that all aid in this area is conditional on a training programme on human rights issues.

The political context

After the major march of 5 October 1990, for the release of prisoners of conscience notably LOGO Hilaire Dossouvi and DOGLO Tino Agbelenko and in favour of installing the rule of law and in response to pressure from civil society, President GNASSINGBÉ Eyadéma  was forced to renounce the one-party state in favour of a multi-party system. In the aftermath, a national conference which brought together hundreds of individuals and associations put in place transitional institutions, including the Haut conseil de la République (HCR), High Council of the Republic, a legislative body, which incorporated members of the opposition and of the associations. A new constitution was approved by referendum in September 1992.

However, President GNASSINGBÉ Eyadéma and the security forces regularly defied the transitional government, the HCR and members of the opposition. Only a few months after the new institutions were set up in Togo in October 1991, the security forces invaded the radio and television offices, brandishing arms at journalists to intimidate them into broadcasting support for President GNASSINGBÉ Eyadéma. At the same period, they attempted to kidnap KOFFIGOH Joseph Kokou, Prime Minister during the transition. In May 1992, in the context of an assassination attempt against OLYMPIO Gilchrist (son of the late OLYMPIO Sylvanus, former President of the Republic, assassinated in 1963), President of the Union des forces du changement (UFC), Union of the Forces for Change, four individuals, including Dr ATIDEPÉ Marc, member of the HCR and an opposition leader, were assassinated. In the same year,  AMORIN Tavio, another opposition leader who was President of the HCR in charge of political affairs, human rights and civil liberties was assassinated. The identity cards of two members of the police force were found on the scene. Amnesty International has regularly submitted these cases to the Togolese authorities without ever receiving a response.

This situation created a political crisis and at the beginning of 1993, European mediators tried to resolve the crisis but without success. In fact, during their stay, in January 1993, the security forces opened fire on a peaceful demonstration in Lomé, injuring many and killing several dozen people. The opposition parties had organised this demonstration to show their support for the European initiative. Germany and France, the two mediating countries, suspended their co-operation, but France resumed it a year later.

In 1993, the Presidential election was boycotted by the opposition. However, the latter participated in the legislative election in 1994 which completed the transitional period. The opposition gained the majority of seats in the National Assembly, but thanks to a clever move involving setting up new alliances, President GNASSINGBÉ Eyadéma and his party, the Rassemblement du peuple togolais (RPT), Assembly of the Togolese People, were able to retain power. During this period several opposition politicians were killed. Among these were EDEH Gaston, parliamentarian of the Comité d'action pour le renouveau (CAR), Action Committee for Renewal, and his colleagues who were killed in February 1994, between the two rounds of legislative elections. Another official, BRUCE David, secretary to the President of the HCR, "disappeared" in 1994 and there has been no news of him since.

As a result of this period of continuous violence, several of those who instigated democratic change in Togo are now living in exile or in semi-secret within the country, following the repressive measures carried out by the Togolese security forces.

In June 1998 and March 1999, a continuous cycle of elections took place in Togo, as it was necessary, for the first time, to renew the entire political cadre following the multi-party elections of 1993 and 1994. Then, as was the case with previous polls, the electoral cycle was undermined by numerous disputes and the security forces once again used violence to put down the civilian population. Hundreds of people were extrajudicially executed and dozens of civilians, including opposition activists, were arrested and tortured.

On 24 June 1998, the Minister of the Interior and Security proclaimed President GNASSINGBÉ Eyadéma the winner with 52% of the vote in the first round although this task would normally fall to the President of the National Electoral Commission. In July 1998, the Cour Constitutionnel, Constitutional Court, judged that the Minister of the Interior could substitute for the Electoral Commission, the majority of its members, who were close to the Togolese authorities, had resigned before the final vote count. This resignation, officially explained by the impossibility of working without disturbance, allowed the Minister of the Interior to proclaim himself in sole charge of announcing the results.

However, in their report several international observers including those representing the European Union (EU), deplored the fact that the election did not meet "the criteria of a free, transparent and fair election, and furthermore, that the results as announced do not accurately reflect the votes cast by Togolese citizens." According to this report, President GNASSINGBÉ Eyadéma was proclaimed the winner "when the votes of only 35 out of 617 polling stations had been returned in the capital". The EU renewed its decision to suspend co-operation with Togo.

After the Presidential election results were announced in June 1998, protest marches of thousands of demonstrators were dispersed by the security forces, and dozens of opposition sympathisers were arrested. In August 1998, following the announcement of an attack against Togo at its border with Ghana, the security forces launched rocket attacks on the homes of leaders of the Parti démocratique pour le renouveau (PDR), Democratic Party for Renewal, and the UFC. Several people were wounded during these attacks.

In the legislative elections of March 1999, boycotted by the opposition, the RPT, the party in power, obtained a majority of 79 seats out of 81. The EU took the view that because of the absence "of all the principle opposition parties from the electoral process and from participation in the vote", the new Assembly "cannot accurately reflect the political will of the Togolese people".

Togo's Constitutional guarantees and international obligations

In September 1992, Togo approved by referendum a new constitution which contains certain guarantees to protect human rights. Furthermore, the Togolese Penal Code, and Code of Penal Procedure (CPP) contain several provisions to regulate arrests and the procedures to be followed in the case of discovery of corpses. In addition, Togo has ratified almost all international instruments, including the International Covenant on Civil and Political Rights and the Convention against Torture. Togo has also ratified the African Charter on Human and Peoples' Rights. However, it has taken virtually no account of provisions relating to the protection of human rights and the authorities take no action to fulfil the obligations to which they have subscribed.

In the same way the principles relating to the protection of human rights contained in the Constitution have not been applied. Article 15 of the Constitution lays down that "no-one may be arbitrarily arrested or detained". The CPP limits the period of "garde à vue" detention (period when a prisoner is held incommunicado for interrogation purposes) to 48 hours and specifies that the Procureur de la République, Public Prosecutor, may extend this detention by the same period; in a case where "the arrest takes place outside the remit of the public ministry, this prolongation is extended by 24 hours^[2]". However, most prisoners are held incommunicado beyond this limit.

Similarly Article 21 of the Constitution forbids the use of torture or other forms of cruel, inhuman or degrading treatment; furthermore, the same Article provides for sanctions against those responsible for such acts: "Each individual or agent of the State guilty of such acts, either on his or her own initiative or acting under instruction, will be punished according to the law". However, although the Togolese authorities have been aware of such practices on occasions even within the premises under the Ministry of Justice's control, no sanction has been enforced against those who have abused their authority.

In ratifying international instruments including the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture, Togo has demonstrated its commitment to the international community in respect of the protection and promotion of human rights. Despite all its undertakings at the national and international level, arbitrary arrests, torture and ill-treatment continue in Togo. In spite of the very large number of allegations of torture, no judicial inquiry has been instigated by the appropriate Togolese authorities, in violation of Articles 12 and 13 of the Convention against Torture^[3], which provide for the setting up of an impartial investigation on each occasion on which there are reasonable grounds for believing that an act of torture has been committed, even when the victim has been prevented from exercising his or her right to bring a complaint.

Persistent human rights violations

No close observer can fail to discern a grim picture[COMMENT1] [COMMENT2]  of the evolution of the human rights situation in Togo. Since the beginning of this decade, Amnesty International has published three reports on Togo in which it has drawn the attention of the Togolese authorities as well as of international opinion to the perpetuation of serious infringements of human rights. ^[4] The organisation has underlined the importance of conducting impartial investigations into all alleged human rights violations to establish the facts and to bring those responsible to justice and to compensate the victims. In spite of repeated appeals, the authorities continue to show total contempt for international norms in relation to human rights as well as for their own legislation and constitution.

With the changes introduced in 1990, numerous non-governmental organisations came into existence and contributed to ensuring that the question of human rights remained on the agenda. Better regulation of human rights matters was instituted and the Commission nationale des droits de l'homme (CNDH), National Human Rights Commission, created in 1987 was able to carry out independent investigations, notably in the case of the Bé lagoon, in April 1991. This Commission made recommendations which, if they had been implemented, would have increased systematic protection for individuals and their rights.

However, this new period lasted only for a short time and democratic reform was set back, notably in 1996 with the modification of the system of election of CNDH members. This regulatory body whose previous work had been universally recognised, is now simply a mirror image of the National Assembly^[5]. Furthermore, since the departure of Maître DOVI Robert Ahlonko, its last President, who was forced into exile because of lack of guarantees for his security, the Commission has not undertaken a single investigation into violations of which it has been informed. Victims and political parties who have referred cases of arbitrary arrest and ill-treatment to the Commission have received no response and it is not known if there has been any follow-up.

Arrest and detention of probable prisoners of conscience

The practice of arbitrary detention has always been a constant in Togo. Civilians and military personnel have been detained for months, even years, without charge or trial. The majority of those arrested over the last four years have been detained solely on suspicion of being "rebels" or members of an opposition party. Numerous individuals have been detained for short periods before being released without trial, others have been charged with breaches of common law offences to justify their arrest.

During the visit by Amnesty International in November and December 1998, new information about the detention and conviction of certain prisoners was brought to the attention of the delegation.

ATIDEPÉ Lotsu Déla, nephew of Dr ATIDEPÉ Marc who was killed during an attack in 1992, and ALOWOU Kokou, two civilians who had taken refuge in Ghana were arrested in April 1993 in Kpalimé, in Kloto district, and had not been tried at the time of writing of the report. ALOWOU Kokou, held in the civil prison, told the Amnesty International delegation that he had been "shackled" for three months at the gendarmerie in Lomé. ATIDEPÉ Lotsu Déla, who was held in the prison at Kara, in Kozah district, had been stabbed during his arrest and had to remain in hospital for more than a year. Both men were suspected of being "rebels".

Other individuals have been convicted arbitrarily. In February 1994, six members of the UFC were arrested and charged with electoral fraud for having distributed leaflets calling for a boycott of the 1994 legislative elections. Two were granted bail and four received prison sentences.

HOOPER Pierre Nana and his brother Paul Kodjo, two trade unionists working in the Togolese Phosphate Office were arrested in October 1994. They were held in garde à vue for more than twelve days. Charged with "attempting to destroy light industry", along with two others they were sentenced to between four and five years' imprisonment. At their trial in 1996, although their innocence was established by witnesses, they were found guilty by the tribunal. During its visit, the Amnesty International delegation requested the immediate unconditional release of the HOOPER brothers, who were believed to be prisoners of conscience, detained because of their trade union activities. They were finally freed in March 1999.

In January 1995, ALHADJI Koko, was arrested for illegal possession of weapons and ammunition. The former driver of Maître DOVI, ex-President of the CNDH, who fled into exile following reports criticising the Government, he was sentenced to three years' imprisonment. During its investigations in Togo, Amnesty International learned that the weapons had been deliberately placed in this man's vehicle to permit his arrest when it was in fact linked to his connection with the former President of the CNDH.

In October 1997, eight civilians were arrested in the village of Akato, in Golfe district, which is considered to be a stronghold of the opposition. Some of these, including ADOYI Yaotsé and AWOUNYO Kottou were released afterwards without trial, but three of them, MASSEMÉ Kodjo, MASSEMÉ Dogbé and ADOYI Komlan were held for a year before they were charged with "possession of weapons of war and association with a group of criminals" and sentenced to a year's imprisonment, the equivalent of the period they had spent in detention. Amnesty International views them as prisoners of conscience, detained because of their close connection to MASSEMÉ Alphonse Kokouvi, exiled former Minister of the Interior who himself comes from Akato.

On 22 November 1997, Dr GANDI Bozoura, one of the founding leaders of the Association togolaise de lutte contre la manipulation des consciences (ATLMC), Togolese association against the manipulation of opinion, a human rights organisation, was arrested in Sokodé, in Tchaoudjo district, along with eleven others. These arrests took place a few days after the mysterious death of BOUKARI Djobo who was a former Minister of Finance and a former United Nations official. Charged with "voluntary homicide and arson", Dr GANDI Bozoura, who had already been harassed in the past for his sympathies with the opposition, was transferred to Kara prison in April 1998 to await trial but no date has yet been set. In November 1997, the announcement of BOUKARI Djobo's death provoked uprisings which resulted in at least seven deaths and several injuries after security forces intervened. Before their arrival, the crowd had killed two members of BOUKARI Djobo's family who were suspected of being responsible for his death. Amnesty International believes Dr GANDI Bozoura may be a prisoner of conscience.

In December 1997, FABRE Jean-Pierre, secretary general of the UFC and HABIA YAWO Nicodème, a member of the same political party, were also arrested and held for a day without charge. The security forces accused them of having asked a group of young people to photograph corpses in certain hospitals.

At the end of 1997, almost on the eve of 1998, AMEGNINOU, known as Samba Santos, DONI Koffi Mawuli Kové, KLIKO Kokou Yovodévi, known as Gildas Eglo, LAWSON Akouete Latévi, known as Kalakouta, MESSAN Kokou Paul, known as Hebiesso, NTSUKPUI Attiso, NYABLEDJI John, SEKE Koudjo, known as Django and SOSOUVI Kovi Hounvé, nine Togolese refugees in Ghana, several of whom are members of the Comité togolais pour la résistance (CTR), Togolese Resistance Committee, an opposition party in exile, were handed over to the Togolese authorities by Ghana. Accused of minor crimes committed in Ghana, they were held first in the civil prison and at the Direction de la police judiciaire (DPJ), criminal investigation headquarters, then in July 1998,  transferred to Kara prison. One of these individuals, NTSUKPUI Attisso, died in that prison as a result of the poor conditions, insufficient food and probably ill-treatment.

Members of the military who had taken refuge in neighbouring countries as well as others suspected of sympathy with the opposition have also been arrested and held without charge for long periods. AKO Ajeté and DJEKPO Jolevi, two members of the army were arrested on their return from Benin in 1995. Neither the judicial nor prison authorities gave the Amnesty International delegation any details on the situation of these two soldiers.

Arrests continued in 1998 and 1999. Dozens of people were arrested, some of whom were released, but at least twenty individuals, including refugees sent back to Togo by Ghana, remain in detention without trial in Kara prison and in the civil prison in Lomé. Amnesty International considers that some of these individuals are probably prisoners of conscience.

 Two member of the FAT, Lieutenant GNASSENOU, an administrative officer and Dr ABONY Edouard Koffi, a radiologist, were arrested in August and November 1998 respectively for their suspected links with the opposition. During the visit in November and December1998, the delegation requested the unconditional release of these two officers, who are considered to be prisoners of conscience. The Minister of Defence replied that both were under "close arrest" and refused to divulge any information about the circumstances of their arrests. Held without charge in the army base of the Régiment interarmes togolais (RIT), Togolese Combined Regiment, Lieutenant GNASSENOU was freed in December 1998. Dr ABONY was released three months later.

In January 1998, a former trade unionist^[6] whose request for asylum in Germany had been refused was arrested after his expulsion to Togo. Held in an unofficial place of detention not far from the airport road, he was able to escape in September 1998. During its visit, the Amnesty International delegation learned that eight other refugees expelled from Germany and Switzerland were arrested on their involuntary return to the country. Amnesty International does not know if they have been released.

Among those still detained^[7] at the gendarmerie headquarters are:

• Lieutenant BADAGO of the force d'intervention rapide (FIR), Rapid Intervention Force, arrested over five years ago by the security forces on his return from Benin. Suspected of desertion, he is still held in garde à vue at the gendarmerie, in Lomé.
• ABAGLO Richard, from Segbe, in Golfe district, aged 14 at the time of his arrest in 1995. He is being held at the gendarmerie following an allegation that he is a "rebel".
• GUY, a minor aged 14 at the time of his arrest in 1994, held at the gendarmerie since then, he has still not been tried. GUY worked at the port in Lomé and the gendarmes arrested him so that he would reveal the names of those responsible for a shooting incident at the port.

All these arrests were carried out outside the law and are in violation of one of the principal guarantees of the Togolese Constitution which stipulates that "no-one may be arbitrarily arrested or detained".

After their often violent arrests detainees are taken to the gendarmerie premises where they are interrogated in illegal and inhuman conditions for several days, extending to weeks, months or years in some cases.

Former detainees described to the Amnesty International delegation how they were arrested at home, late at night or at dawn, by members of the security forces who had never obtained an arrest warrant. However Togolese law makes clear that "an agent charged with executing a warrant for arrest may not enter a citizen's home before 6am or after 8pm^[8]".

Some detainees have been held in unofficial places of detention. This is notably the case with refugees expelled from Germany and Switzerland, arrested as they leave the plane and held without charge in an unregistered detention centre.

International standards also forbid arbitrary detentions carried out without regard to due legal procedure. Paragraph 1 of Article 9 of the ICCPR stipulates that: "... No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law...". Article 9 of the Universal Declaration of Human Rights stipulates similarly that no-one may be arbitrarily arrested or detained.

Several dozen detainees have been held in secret beyond the legal limit for garde à vue. Indeed, HOOPER Paul and Pierre as well as MASSEMÉ Kodjo were held in garde à vue detention for several days and did not come before a magistrate until after twelve days had elapsed. Some detainees, including Lieutenant BADAGO are still held at the gendarmerie headquarters and have not yet been presented before a magistrate.

Garde à vue detention is the period of incommunicado detention during which the detainee has no access to his or her family or lawyer. It allows members of the security forces to hold suspects to interrogate them without referring the matter to the Procureur de la République, Public Prosecutor.

Justified officially as "essential for the investigation", this period of incommunicado detention lends itself to torture and ill-treatment being inflicted to extract confessions from suspects. The period of garde à vue which is restricted to 48 hours may be extended once on the authorisation of the Public Prosecutor. If the arrest has been carried out "outside the remit of the public ministry, this prolongation is extended by 24 hours".

The strict constraints on garde à vue also figure in article 15 of the Togolese Constitution. This article specifies: "anyone arrested without legal basis or held beyond the period of garde à vue may, at his or her request or that of any interested party, have recourse to judicial procedures designed for this purpose by the law". In the climate of terror which prevails during the garde à vue, no detainee was aware of this information.

Furthermore, prolonged incommunicado detention is in contravention of international standards on human rights. The Human Rights Committee and the Commission on  Human Rights have taken the view that it is a practice constituting a form of cruel, inhuman or degrading treatment^[9]

Arrests during the Presidential elections in June 1998 and the legislative elections in March 1999

The repressive measures taken by the Togolese security forces against the civilian population, particularly supporters of the political opposition, were intensified during and after the Presidential elections in June 1998. Amnesty International is aware of around thirty cases of individuals being apprehended, some of whom have been released without trial.  These detainees represent only a fraction of those arrested for political reasons during 1998 and 1999. Among these detainees are prisoners of conscience, imprisoned solely for having expressed political opinions non-violently. Arrests have taken place throughout the country, in Lomé, the capital, as well as in Wawa and Lacs districts, and have affected all activists and supporters of opposition political parties.

On 20 June 1998, some days after the first round in the Presidential elections, the security forces arrested ADJIBA Kossi and OKOUTA Biyeya, two CAR officials in Atakpamé. They were taken to the gendarmerie in Atakpamé and transferred to the gendarmerie headquarters in Lomé and then to the civil prison in Lomé on 6 July and released without trial ten days later. Amnesty International believes that they were arbitrarily detained and that their arrests are linked to their political involvement with the CAR. During the same period, OLADOKOU Olabodé, a pupil at the college Saint Albin in Atakpamé and a supporter of the UFC, suspected of having housed an armed person, was arrested and transferred to the gendarmerie nationale. He was then taken to the civil prison in Lomé where he is still awaiting trial. Paragraph 1 of Article 9 of the ICCPR, stipulates that "Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law."

The day after the election, BOUKARY Seydou, of the PDR along with two other activists from the same party were apprehended at Badou, in Wawa. They were first held in the gendarmerie in Badou, then transferred to the gendarmerie in Lomé and released two days later, under pressure from the head of the PDR.

In July 1998, ATTIOGBÉ Sassou Yao, ADIWANOU Gbadobe Kodjo and ABAYA Atsou, three members of the UFC, who were carrying leaflets calling for a day of journée ville morte, general strike, to protest against the Presidential election results, were apprehended at Kpémé, in the Lacs district and at Lomé. Accused of a press offence, they were held at the gendarmerie, then transferred to the civil prison in Lomé. They were released on bail in December 1998.

During the same period, KOUDAKOU Kokou, another member of the UFC was arrested and tried on the charge of attempting to undermine the national economy. The high court in Lomé sentenced him to fourteen months' imprisonment, with four months suspended, which he served in the civil prison in Lomé.

At this time, the simple act of commenting on an event could lead to detention. For example, KOPAYE Robert, apprehended on 17 August, was held without charge for several days in the gendarmerie at Atakpamé for commenting on an attack by an armed opposition group operating from Ghana.

In November 1998, a nurse in Notsé was arrested and sentenced to three months' imprisonment for having commented on the murder of Maître NOUGNOUI, a Lomé lawyer. She was released several days later on the intervention of President GNASSINGBÉ Eyadéma's son who was visiting the Plateaux region. Amnesty International considers that this nurse was a prisoner of conscience, arrested for having made comments about information in the public domain.

Again in November 1998, DEGBOR Xola, a farmer, was arrested in Akato by members of the security forces who asked him the direction of the border with Ghana. It was only after two weeks that his relatives found out that he was being held in the gendarmerie headquarters. DEGBOR Xola was released without trial after more than two months.

In March 1999, some days before the legislative elections, several sympathisers of the UFC and of the Convention des peuples africains (CDPA), African People's Convention, who were calling for a boycott of the elections, were arrested while they were holding a meeting in Agbandi in Blita district. They were released  several hours later.

On the polling day, several dozen civilians who abstained from voting, were detained without charge for a few days. These people were arrested after security forces had checked their identity papers to see whether there was the thumb mark proving that they had voted.

Arrests of journalists and restrictions on press freedom

For several years, civil society which has been the instigator of several democratic changes, including the holding of a national conference, the creation of human rights organisations and pluralism in the press, has been subjected to threats by the security forces. Human rights organisations have been forced to reduce their activities and they experience considerable difficulty in carrying out their work in the face of threats and intimidation which increase daily. These acts of intimidation have the effect of narrowing the area in which they can operate.

Some independent newspapers have been obliged to cease publication following heavy fines. Journalists like GBÉNOUGA Martin have been forced into exile after several arbitrary arrests and convictions. These arrests form part of the policy of harassment which targets retailers of independent newspapers and their publishers. In November 1995, some independent newspaper sellers were held and interrogated by officials of the Ministry of the Interior about two weekly papers they sold, "Kpakpa désenchanté" and "La Tribune des démocrates". However, despite these intimidatory measures, other newspapers continue to appear. In February 1998, a law on the press and communication code came into force. Although this new text contains several guarantees of freedom of expression, two of its articles (83 and 86) have been used against journalists and political activists carrying leaflets calling for a day of general strike.

Throughout the last decade, dozens of journalists have regularly been arrested and sentenced to terms of imprisonment. Charges regularly made against them are "disturbing public order", "publishing false news" and "defamation and attempting to undermine the honour of the Head of State".

In 1996, MESSAN Lucien and  AGOH Basile, publishers of the weekly papers "Le combat du peuple" and "Crocodile" respectively, were arrested without a warrant on the order of a gendarme for having reported the death of a woman beaten to death by her husband, himself a gendarme. They were released after two days. The Ministry of Justice confirmed that it had not been informed of the matter before the release of the journalists. At the same time, the person who had passed on the information was also arrested and released five days later.

In 1997, at least four journalists were detained. Among them were ASSIOGBO Augustin and SAÏBOU Abass. The latter was arrested in February for an article entitled "Horrors under Eyadéma's rule". Held without charge, he was released after several days. During his detention, he was taken to see the Head of State who interrogated him and called him "voyou", scum. ASSIOGBO Augustin, managing director of the privately-owned weekly "Tingo-Tingo" was arrested in February 1997, after the family of former Minister of Foreign Affairs ALASOUNOUMA Bombera filed a complaint. He was charged with "insulting the dead" and "defamation" and sentenced to four months' imprisonment, two of them suspended. Augustin Assiogbo had used some ironic wordplay, following the accidental death of the Minister of Foreign Affairs.

In 1998, other journalists as well as publishers were also arrested. HOUNKALI Elias and AMENOUHOU Edoh, journalists on the paper "Le nouveau combat" were arrested in August and November 1998 respectively for an article concerning jewellery allegedly left by Madame MOBUTU Sese Seko with Madame GNASSINGBÉ Eyadéma at the time of a visit after the fall of Marshall MOBUTU in 1997. These two journalists are still awaiting trial and are currently being held in prison in Lomé.

MÉWÈNÈMESSÈ Apollinaire Essowè managing director of "La dépeche", a newspaper reputed to be close to the Togolese authorities, was arrested in October 1998 for an article drawing attention to Togo's insecurity and blaming the military. The trial was postponed twice, but MÉWÈNÈMESSÈ Apollinaire Essowè was released in December 1998 after writing a letter to the Head of State seeking his forgiveness.

Article 26 of the Togolese Constitution guarantees freedom of expression and freedom of the press and recognises that the "press shall not be subject to pre-publication authorisation or warnings, to censure or other restrictions". Furthermore, Article 19 of the ICCPR stipulates that "... Everyone shall have the right to hold opinions without interference. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information, and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice..."

Torture and ill-treatment

The security forces have always made use of torture in Togo. During the last decade, however, the security forces have allegedly used torture systematically at the time of suspects' arrest or at the time of their transfer to centres of detention. Once they are taken to a gendarmerie to be interrogated detainees are habitually ill-treated or tortured with a view to extracting information and confessions from them.

The authorities cannot ignore the extent of this phenomenon because privately-owned newspapers regularly give accounts of acts of torture and ill-treatment of Togolese citizens. For example, the newspaper "La Tribune africaine" of 3 March 1998 reported the arrest followed by torture and ill-treatment of AGBLELÉ Koffi and two Liberians. The three men were arrested following an identity check in Sokodé, during which the police discovered a CAR card on AGBLELÉ Koffi. The latter along with the two Liberians were reported "to have been beaten with batons in Sokodé and with rope in the gendarmerie in Lomé".

Furthermore, newspapers also give the names of those thought to be responsible for such acts. In a testimony made public in September 1995 by the "Tribune des Démocrates", KOUDAYA Richard Koukou accused a close relative of President GNASSINGBÉ Eyadéma:

"On the night of 12 March 1994 around 11 pm, X requested our transfer to his office in Camp Landja. He ordered 6 soldiers to come and torture us: corporal punishment, beating and wounds; they nearly beat me to death to make me tell the truth and this lasted for a week. Under the pressure of threats and torture I had to agree to everything that X wanted to charge me with..."

 The victims encountered by the Amnesty International delegation in November 1998 also named their torturers, among whom were senior gendarmerie officials. The Togolese authorities made no response to the delegation when it passed on the names of those reported to be responsible for torture and ill-treatment, and urged that administrative sanctions be taken in anticipation of the setting up of a judicial inquiry.

This inertia on the part of the Togolese authorities can only lead to the conclusion that such practices have become completely commonplace. Furthermore, the fact that detainees with swollen faces are sometimes shown on Togolese television indicates that torture and ill-treatment are used to discourage not only breaches of common law but also political dissent.

Prisoners are mainly tortured during the period of garde à vue detention. Often this period of incommunicado detention is used by the criminal investigators to force prisoners to sign confessions whilst not informing them of the content and these are then used as evidence to convict them in court. Over the years, Amnesty International has collected numerous statements testifying to torture in detention centres. Information on the methods used comes from former prisoners and their relatives. Throughout its visit in November and December 1998, Amnesty International received further supporting statements testifying to the use of torture and ill-treatment. It appears from these that torture is practised at several stages: at the time of arrest, on transfer from one detention centre to another and during garde à vue detention. Furthermore, detainees are often removed from the gendarmerie or police commissariat to be put under extra pressure which might included death threats, with the aim of extracting confessions.

(1)                Beatings at the time of arrest