Togolese Republic adopted a new penal code, this time making torture a
crime under Article 198.
81.Torture is henceforth a crime and according to Article 7 of Law No. 83,
establishing the code of criminal procedure, of 2 March 1983, being it a
prescriptive crime.
82.This Article provides that “the action of the Public Prosecutor's Office is
time-barred when the offense has not been granted before the court of
law, by summons or remittance order, within the period running from the
day on which it was committed:
- Ten years for crimes,
- One year for offenses;
- One year for misdemeanors”
83.The alleged facts supposedly took place in the year 1993, therefore, the
Applicant can no longer appeal to the Court to hear alleged violations
attributed to the Togolese Republic.
84.With regards to the issue of statute-barring, it should be noted that the
new Criminal Code of 15 November 2015, in Article 198, was amended
as follows: “the crime of torture is not statute barred”, but no transitional
provision was adopted by the National Assembly, and the new Criminal
Code of 15 November 2015, does not give retroactive effect to any of its
provisions, the criminal law, being established only for future offenses.
85.Statute-barred allegations of torture cannot take effect.
86.Under such circumstances, the application of Mr. Frédéric MADO
Fidégnon, dated December 8, 2016, must be declared inadmissible.
C - On the inadmissibility of the application with respect to the alleged
arbitrary detention
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