The principle of presumption of innocence tested against judicial and social realities in Togo

The principle of presumption of innocence is enshrined in Togolese law and requires that any person prosecuted be considered innocent of the charges against him or her until found guilty by the competent court. This principle which constitutes the backbone of criminal procedure makes it possible to protect individual rights and freedoms. However there is a wide gap between the theoretical consecration and the judicial and social realities. Indeed the principle is constantly violated by judicial actors. Worse still popular vindictiveness which is de facto justice emanating from the people inevitably undermines the principle. These violations of the principle have unfortunate consequences. In view of this it is necessary to take measures to make this principle more effective.