TITLE VIII. Of the JUDICIAL POWER
SUB TITLE I. Of the GENERAL PROVISIONS
Article 112
Justice is rendered on the territory of the Republic in the name of the Togolese people.
Article 113
The Judicial Power is independent of the Legislative Power and of the Executive Power.
The judges are only subject in the exercise of their functions to the authority of the law.
The Judicial Power is the guarantor of the individual freedoms and of the fundamental rights of the citizens.
Article 114
The presiding magistrates are irremovable.
Article 115
The President of the Republic is the guarantor of the independence of the magistrature.
He is assisted to this effect by the Superior Council of the Magistrature.
Article 116
The Superior Council of the Magistrature is composed of nine (9) members:
- Three magistrates of the Supreme Court;
Four magistrates of the Courts of Appeal and of the Tribunals; one deputy elected by the National Assembly by ballot; one noted person who does not belong either to the National Assembly, or to the Government or to the magistrature, chosen by the President of the Republic on the basis of their competence.
It is presided over by the President of the Supreme Court.
The magistrates members of the said Council, with the exception of the President of the Supreme Court, member of right, are elected by their peers by secret ballot
The members of the Superior Council of the Magistrature are appointed for mandate of four (4) years renewable one sole time.
Article 117
The Superior Council of the Magistrature decides as a council of discipline of the magistrates.
The sanctions applicable as well as the procedure are established by an organic law concerning the status of the magistrature.
The organization and the functioning of the Superior Council of the Magistrature are established by an organic law.
Article 118
The recruitment of each magistrate is made on proposal of the Guardian of the Seals, Minister of Justice, after opinion of the Superior Council of the Magistrature.
The appointment of the presiding magistrates is made by decree taken in the Council of Ministers on proposal of the Superior Council of the Magistrature.
The appointment of the prosecuting magistrates is made by decree taken in the Council of Ministers on proposal of the Keeper of the Seals, Minister of Justice, after opinion of the Superior Council of the Magistrature.
The magistrates in office may not fulfill other public offices, or exercise lucrative private activities outside of those cases provided for by the law, or conduct political activities.
An organic law establishes the status of the magistrates and their remuneration in accordance with the requirements of independence and of efficacy.
Article 119
The principles of jurisdictional unity and of distinction between disputes are at the basis of the organization and of the functioning of the administrative and judicial jurisdictions.
The law organizes the military jurisdiction within respect for the principles of the Constitution.
Jurisdictions of exception are prohibited.
SUB TITLE II. Of the SUPREME COURT
Article 120
The Supreme Court is the highest jurisdiction of the State in judicial and administrative matters.
Article 121
The President of the Supreme Court is necessarily a professional magistrate. He is appointed by decree of the President of the Republic in the Council of Ministers on proposal of the Superior Council of the Magistrature.
Before entry into office, he swears before the bureau of the National Assembly in these terms:
“I swear to well and faithfully fulfill my function, to exercise it in all impartiality, with respect for the Constitution, to guard the secrecy of the deliberations and of the votes, to not take any public position and to not give any consultation of private nature on the questions arising from the competence of the Court, and to conduct myself in everything as a dignified and loyal magistrate.”
Article 122
The magistrates of the Supreme Court may only be prosecuted for crimes and offenses committed in the exercise or on the occasion or outside of their functions before the High Court of Justice.
Except in case of a flagrante delicto, no magistrate of the Supreme Court may be prosecuted or judged without the prior authorization of the Superior Council of the Magistrature.
An organic law determines the conditions of organization and of functioning of the Supreme Court.
Article 123
The Supreme Court is composed of two chambers:
- the judicial chamber
the administrative chamber.
Each of these chambers constitutes one autonomous jurisdiction within the Supreme Court and is composed of a President of the Chamber and of Councilors.
The President of the Supreme Court presides over the joint chambers.
The public ministry before each chamber is assured by the general prosecution of the Supreme Court composed of the procurator general and the general attorneys.
Article 124
The judicial chamber of the Supreme Court has competence to take cognizance:
- of the pourvois [petitions] in cassation formed against the decisions rendered in last resort by the civil, commercial, social and criminal jurisdictions.
of the prises à partie [proceedings against a judge] against the magistrates of the Court of Appeal according to the conditions determined by the Code of Civil Procedure. of the criminal prosecutions against the magistrates of the Court of Appeal according to the conditions determined by the Code of Criminal Procedure. of the demands for révision [review] and of judicial regulation.
Article 125
The administrative chamber of the Supreme Court has competence to take cognizance:
- of the recourses formed against the decisions rendered in contentious-administrative matters.
of the recourses for abuse of power formed against administrative acts; of the challenges to local elections; of recourses in cassation against the decisions of the organs deciding in disciplinary matters.
SUB TITLE III. Of the HIGH COURT OF JUSTICE
Article 126
The High Court of Justice is composed of the president and of the presidents of the chambers of the Supreme Court and of four deputies elected by the National Assembly.
The High Court of Justice elects its president from within it.
An organic law establishes the regulations of its functioning as well as the procedure to be followed before it.
Article 127
The High Court of Justice is the sole jurisdiction competent to take cognizance of the infractions committed by the President of the Republic.
The political responsibility of the President of the Republic is only engaged in case of high treason.
The High Court of Justice is competent to judge the members of the Government and their accomplices in case of conspiracy against the security of the State.
Article 128
The High Court of Justice takes cognizance of the crimes and offenses committed by the members of the Supreme Court.
Article 129
The High Court of Justice is bound by the definition of crimes and offenses[,] as well as by the determination of the penalties which result from them[,] of the criminal laws in force at the moment when the acts were committed.
The decision to prosecute as well as to impeach of the President of the Republic and of the members of the Government is voted with the majority of four-fifths (4/5) of the members of each of the two assemblies composing the Parliament, according to the procedure provided for by an organic law.
In case of condemnation, they are relieved of their offices [charges].
TITLE IX. Of the HIGH AUTHORITY OF AUDIOVISUAL and of COMMUNICATION
Article 130
The High Authority of Audiovisual and of Communication has for [its] mission to guarantee and to assure the freedom and the protection of the press and of the other means of mass communication.
It sees to respect for ethics in matters of information, of communication and of equitable access of the political parties and of the associations to the official means of information and of communication.
The High Authority of Audiovisual and of Communication is competent to give authorization for the installation of new private television channels and radio.
Article 131
The High Authority of Audiovisual and of Communication elects from within it its president and the members of its bureau.
The composition, the organization and the functioning of the High Authority of Audiovisual and of Communication is established by an organic law.
TITLE X. Of the ECONOMIC AND SOCIAL COUNCIL
Article 132
The Economic and Social Council is given the charge to give its opinion on all the questions brought to its examination by the President of the Republic, the Government, the National Assembly, the Senate or any other public institution.
The Economic and Social Council is consulted, for [its] opinion, on any project of plan or of economic and social program as well as on any bill of [a] text of fiscal, economic and social character.
It may equally proceed to analyze any problem of economic and social development. It submits its conclusions to the President of the Republic, to the Government, to the National Assembly and to the Senate.
It monitors the execution of the decisions of the Government relative to economic and social organization.
Article 133
The Economic and Social Council may designate one of its members, at the demand of the President of the Republic, of the Government, of the National Assembly or of the Senate, to present before these organs the opinion of the Council on the bills or proposals that have been submitted to it.
Article 134
The Economic and Social Council elects from within it its president and the members of its bureau.
Article 135
The Economic and Social Council has a section in each economic region of the country.
Article 136
The composition, the organization and the functioning of the Economic and Social Council as well as of its sections are established by an organic law.
