Despite the principle of separation of powers and independence of the judiciary enshrined in the 1992 Constitution, most judges are under the control of the executive.
Judges are arbitrarily dismissed on political grounds. The number of magistrates and judicial officers and staff continues to be insufficient in all jurisdictions.
In addition, courts and tribunals face material and financial difficulties and lack specially trained magistrates. Corruption remains a problem within the Togolese judiciary. The lack of adequate salaries for magistrates and judicial officers leads to vulnerability to corruption. Corruption within the judiciary and the lack of ethics lead to unfair trial.
Moreover, the shortage of financial and human resources lead to lengthy pre-trial detention. Both problems contribute to a loss of credibility and public trust in the judicial system.
Togo-Attacks on Justice 2005-Publications-2008 (full text, PDF)Attacks on Justice 2005Publications