Defence rights and pre-trial detention in Africa

Protecting the fundamental right to liberty is of paramount importance in pre-trial criminal proceedings. As to whether the system of preventive detention as established by Togolese positive law is capable of ensuring effective protection of the right to liberty of persons facing this measure it appears that such protection remains limited. Nevertheless it is worth highlighting the significant advances made by the legislator. These include recognition of the principle that preventive detention is an exception and the introduction of judicial supervision measures. However challenges remain. Prison overcrowding among pre-trial detainees is a worrying indicator. Faced with these challenges it is imperative to consider the reforms that could be envisaged the role that civil society can play in this context and the evaluation of public rehabilitation policies. This research report explores these issues.