Togo: Two convictions for cruel, inhuman and degrading treatment in 2025 by the ECOWAS Court of Justice

The year 2025 was marked by several legal victories won by Mr Ferdinand Amazohoun, a barrister at the Togo Bar, with the support of the OMCT-CACIT's Sos Torture Litigator's Group in Africa. Indeed, the Court of Justice of the Economic Community of West African States (ECOWAS) handed down two major decisions condemning Togo for cruel, inhuman and degrading treatment. These decisions send a strong signal to the national authorities, reminding them of their absolute obligation to ensure humane treatment for all persons under their jurisdiction.

In the two rulings handed down on 17 March and 7 July 2025 respectively, the Community court recognised the international responsibility of the Togolese State for acts constituting inhuman and degrading treatment inflicted on Togolese nationals.

The first case concerns the arrest and arbitrary detention of a woman in a cell with men, where she was forced to sleep on the floor without access to feminine hygiene products. The Court concluded that this treatment, in particular the failure to provide sanitary protection during her period, constituted an attack on human dignity and a violation of Article 5 of the African Charter on Human and Peoples' Rights (ACHPR) which prohibits cruel, inhuman or degrading treatment. The Court thus firmly reiterates that detention cannot be used as an opportunity to deprive individuals, and a fortiori female prisoners, of services or goods essential to their physical dignity and health.

The second case concerns an 8-year-old child who was shot with tear gas by police officers during a police operation, resulting in the amputation of his left forearm while he was in the street with his mother. The Court concluded that this incident constituted cruel, inhuman and degrading treatment, contrary to Article 5 of the ACHPR, and an attack on his physical integrity. Furthermore, due to the lifelong physical consequences suffered by the minor, the Court found that the Togolese authorities had also violated the child's right to enjoy the best possible physical and mental health.

According to Mr Ferdinand AMAZOHOUN, speaking at the second regional meeting of the GIJ in Cotonou in July 2025 : « These convictions are a powerful reminder that no one is above the law and that human dignity must be protected in all circumstances. We call on the Togolese State to enforce the Court's decisions in accordance with its commitments and to guarantee a genuine fight against impunity »

In both rulings, the ECOWAS Court of Justice ordered the Togolese State to open an investigation to identify and punish the agents who committed the alleged acts, and to pay the victims financial compensation as reparation, in the amounts of 30 million CFA francs and 50 million CFA francs, respectively. These decisions constitute an essential recognition for the victims and their families, but also a clear call to the Togolese authorities to put an end to impunity once and for all.

The GIJ urges the Togolese authorities to implement without delay and in good faith the judgments handed down by the ECOWAS Court of Justice, in particular by making effective payment of the reparations ordered, opening independent and impartial investigations to identify and punish those responsible, and implementing structural measures to ensure that such violations are not repeated. Compliance with the Court's decisions is an international legal obligation and a prerequisite for combating impunity in Togo.

The signatories:

The following lawyers are signatories to this declaration:

Barr. Djerandi Laguerre Dionro, Lawyer at the Bar of Chad

Barr. AMAZOHOUN Ferdinand, Collective of Associations Against Impunity in Togo (CACIT)/Togo

Barr. AMEGAN Claude, Collective of Associations Against Impunity in Togo (CACIT)/Togo

Barr. DOUMBIA Yacouba, Ivorian Human Rights Movement (MIDH)/Côte d'Ivoire

Barr. RAHMOUNE Aissa, Collective for the Safeguarding of the Algerian League for the Defence of Human Rights (CS-LADDH) /Algeria

Mr. Christian LOUBASSOU, Action by Christians for the Abolition of Torture (ACAT-Congo) /Republic of Congo

Barr. Sidpayengdé Jeanne Françoise de Chantal LENGA, Association of Women Lawyers of Burkina Faso / Burkina Faso

Barr. NKONGHO Felix, Centre for Human Rights and Democracy in Africa (CHRDA)/ Cameroon

Barr. WEMBOLUA Henri, Alliance for the Universality of Fundamental Rights (AUDF)/ DRC

Barr. Annie MASENGO, Network of Human Rights Defenders (RDDH)/DRC

Barr. NODJITOLOUM Salomon, Action by Christians for the Abolition of Torture (ACAT/CHAD)

Barr. NIYONGERE Armel, SOS-Torture Burundi/ Burundi

Barr. ZANINYANA Jeanne d'Arc, Collective of Lawyers for the Defence of Victims of International Law Crimes committed in Burundi (CAVIB)/Burundi

Barr. KADIDIATOU Hamadou, Association for the Defence and Protection of Children and Women (ADEPE-F/ESPOIR) / Niger

Barr. NKONGME Dorcas Mirette, Centre for Human Rights and Democracy in Africa (CHRDA)

Barr. SOUILAH Mohsen, SANAD Centres/ Tunisia

Barr. KWAMBA TSIHINGEJ Frédéric, AFIA MAMA / DRC

Barr. TRAORÉ Drissa, Lawyer at the Bar of Côte d'Ivoire

Alexandrine TCHEKESSI, Executive Director, Changement Social Bénin

For more information, please contact : Guy Valère BADANARO, Coordinator of the Judicial Intervention Group /SOS-Torture in Africa; Collective of Associations Against Impunity in Togo (CACIT) / Tel: (+228) 92 18 67 92. Email : guyvalre1@gmail.com

The SOS-Torture in Africa Judicial Intervention Group is a group of lawyers from the OMCT's SOS-Torture network which aims to contribute to strengthening prevention, accountability and redress in cases of torture and other cruel, inhuman or degrading treatment or punishment. It is made up of 16 African lawyers It is made up of 16 African lawyers and is sponsored by the World Organisation Against Torture (OMCT) and the Collective of Associations Against Impunity in Togo (CACIT).