Arrested or in prison in Togo

Contacting the British High Commission 

The British High Commission in Ghana can offer help but will not be able to get you out of prison or get you special treatment because you’re British. Find out what help the embassy or consulate can offer. 

Family and friends can contact: 

• the British High Commission in Ghana 
• the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000 

Finding a lawyer and translator 

Find a lawyer in Togo

You should carefully consider getting a local Togolese lawyer. Discuss all costs with them in advance. 

Prisoners Abroad has information on appointing a lawyer and legal aid (not specific to Togo).

Private lawyers

You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. 

Check the list of local English-speaking lawyers if you want to appoint your own private lawyer. Ask the British High Commission if you need a paper copy. 

If you choose to hire a lawyer, they may ask for an advance payment of estimated legal fees before taking on your case. Legal fees can be high, and outcomes cannot be guaranteed. You may also remain in prison for a considerable period before your case is heard or a sentence is passed.

Consular staff cannot give legal advice, pay your legal expenses or guarantee to a lawyer that you will pay them.

Legal aid

Legal aid may be available through some law firms that offer such assistance. The conditions for eligibility, including income or other requirements, as well as the scope of support provided, are determined by the individual law firm. You are therefore advised to contact the relevant law firm directly for further information. 

Prisoners Abroad can also provide general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

Court-appointed lawyers

If you do not appoint a private lawyer, you can ask for a court-appointed lawyer. However, they will represent you at a cost.

Find a translator or interpreter in Togo

You may need a translator to help you read French documents about your case.  

You might need an interpreter to help you communicate with your lawyer, at your trial, or during prison visits. 

The police may ask the British High Commission to provide an interpreter if you do not understand French. However, the British High Commission cannot provide this service. You will need to arrange and pay for your own interpreter.

Do not sign any documents unless you understand them. 

Search for an English-speaking translator or interpreter in Togo.

What happens when you’re arrested in Togo

If you are arrested, restricted or detained you should be informed immediately in a language that you understand, of the reasons for your arrest and of your right to a lawyer of your choice. 

You will either be remanded in custody or granted bail by the court or the police. 

The police may release you on police enquiry bail while investigations continue.

If you have any questions on the legal aspects of your arrest, contact your lawyer. See a list of local English-speaking lawyers. 

You can be arrested and taken to a local police station:

• because of an existing arrest warrant 
• where there are grounds for issuing an arrest warrant 
• if you’re caught in the act of performing a crime 
• if it’s expected you’ll leave the country to escape justice 
• if your identity cannot be confirmed 

The police must tell you in English (or a language you understand): 

• why you’ve been arrested 
• that initial proceedings against you have started 
• your rights 

Do not sign any documents unless you understand them - you must be given an interpreter if you ask for one.

Your rights

After arrest, you should be able to contact a lawyer and make a statement. A court will decide whether you are guilty. If you are found guilty, you may be sentenced to a term of imprisonment.

If the public prosecutor orders that you be held in custody, your rights will be explained to you. This includes the right to a lawyer, the right to medical care if you are injured, and the right to inform the British High Commission of your arrest.

If the investigation is not completed within 48 hours, you will be brought before the public prosecutor. The prosecutor will decide what happens next based on the circumstances of the case. During this time, the police will investigate the alleged offence, gather evidence and submit their findings to the Prosecutor of the Republic.

You can only be held in remand custody while the authorities investigate the case.

If you are held in pre-trial detention, you will be brought before a court at regular intervals. The prosecutor must satisfy the court that there are grounds for your continued detention. The length of time you spend in detention before trial will depend on the seriousness and complexity of the case. It can take several months, and sometimes more than a year, for a case to reach a full hearing.

You may be held on remand while your case is being considered by the courts, unless you are granted bail.

If you are held on remand, you should be brought before a court every 2 weeks. You have the right to apply for bail at any stage of your detention.

How long can you be held for

You can be held at a police station for up to 48 hours. This period may be extended by a further 48 hours with the approval of the prosecutor or a judge.

If you are held for identity checks or verification purposes, you should not be detained for more than 4 hours.

Personal belongings

When you are taken into custody, your personal belongings will be taken from you, checked and recorded by the authorities.

Going to court

You should be brought before a court within 48 hours of your arrest. At your first court appearance, the examining judge will review your case and decide whether you should:

• be held on remand while awaiting trial
• be released on bail, subject to certain conditions
• be released without charge

The first hearing will usually take place before a district or magistrates’ court. If you do not have a lawyer, your case may be adjourned to allow you time to arrange legal representation at your own expense. In some cases, the court may be able to appoint a lawyer for you, subject to availability.

If you do not understand French, you may need an interpreter for court proceedings. The British High Commission cannot provide interpreters, so you will need to arrange and pay for one yourself.

During the hearing, you may be given the opportunity to present any claims for compensation. The public prosecutor will then make submissions to the court.

Your lawyer will have the opportunity to respond and make submissions on your behalf. Each party may respond to the other’s arguments, but you have the right to make the final statement before the court reaches its decision.

The court, or the Court of Assizes in more serious criminal cases, will then decide the outcome of the case.

You must be brought before the court on each scheduled hearing date.

The prosecution must prove its case beyond reasonable doubt.

If you are charged and believe the charges are incorrect, you must follow the court process to challenge them. No additional time is normally given for this reason.

You will be asked to enter a plea of guilty or not guilty. You are presumed innocent unless and until you are found guilty by the court.

Being put on remand

You may be held on remand if there are reasonable grounds to suspect that you have committed an offence. This means you may be kept in prison while the criminal investigation and any court proceedings are ongoing.

Remand prisoners are usually held separately from convicted prisoners, as they have not been found guilty of an offence. You are presumed innocent unless and until a court finds you guilty.

You are also entitled to basic needs (food, clothes, healthcare, beddings, etc.). You are allowed to communicate with your family and lawyer as and when necessary.

How long you can be on remand for

The length of time you spend in detention before trial will depend on the seriousness and complexity of the offence. If the maximum penalty for the offence is 2 years’ imprisonment, and you have not previously been arrested or convicted of a serious offence, you cannot normally be held on remand for more than 10 days. For more serious offences that can be tried on indictment, the maximum period of remand is 3 months for first-time offenders.

However, it can take several months, and sometimes more than a year, for a case to reach a full hearing. You may be held on remand while your case is pending before the courts, unless you are granted bail. If you are held on remand, you should be brought before a court every two weeks. You have the right to apply for bail at any stage of your remand or detention.

Bail

You have the right to apply for bail at any stage of the proceedings. If bail is refused, you or your lawyer may appeal the decision. If the appeal is unsuccessful, you can make another bail application at a later stage of the case.

Bail may be granted, usually subject to conditions. These typically include attending all court hearings and informing the court of any changes to your address or movements.

Bail conditions can be changed or removed on application directly or through your lawyer. 

The consequence of breaching bail conditions is that it may be revoked. 

Although bail may be available in all cases, it is rarely granted in practice for serious offences such as murder, rape or drug trafficking.

When deciding whether to grant bail, the authorities can consider a person’s ties to the country and the likelihood that they may abscond. The same factors are considered in the UK, so we do not regard this as discrimination.

Foreign nationals are less likely to be granted bail because the authorities may consider them a flight risk. If bail is granted, your passport will usually be kept to prevent you from leaving the country. If your passport is being held as a bail condition, we cannot issue you with a replacement travel document.

If the charges against you are dropped because of insufficient evidence, you will be released and deported. 

If you are allowed to leave Togo on the condition that you return for your court case, failing to do so could result in you being placed on an immigration blacklist and/or extradited from the UK to stand trial.

If you are granted bail, you will need to support yourself financially. Depending on your visa status, the local authorities may not be able to provide assistance. We cannot provide financial support or help you find employment.

Consular staff can help you contact friends or family members who may be able to assist you.

Arriving at prison

When you first arrive at the prison you will be searched thoroughly, and your personal details will be recorded. Afterwards, you will be allocated to a cell. 

The police station will keep a register that includes your name, surname, day, date, and time of arrest, as well as the time of your release (if applicable). You must sign the register to confirm that the information recorded is correct; however, if you are unable or unwilling to sign, this will be noted in the register as well. 

Your next-of-kin will not be told you’re in prison unless you give your permission.

Personal belongings

When you first arrive at the prison, you will be searched thoroughly, and your personal belongings will be recorded and stored.

Your prison cell 

Some prisoners may be placed in a separate ‘protection’ wing. This may be because they are young, unfamiliar with prison, at risk because of the offence they are accused of, or considered a risk to others.

Overcrowding is a common problem in prisons.

Contacting the British High Commission 

Tell the prison if you want the British High Commission to know you’re in prison.

Medical check-up 

You have the right to a medical examination when you arrive at the prison. You may receive a medical check-up within the first few days. Tell the doctor about any existing medical conditions. They will assess your needs and decide whether you require a special diet or any other medical treatment.

Contact the British High Commission if you need help obtaining your medical records from the UK.

Rights and responsibilities in prison 

Prison rules and regulations will be explained to you when you arrive. Different offences may result in different disciplinary punishments.

Drugs are prohibited in Togolese prisons. To prevent drugs and other prohibited items from entering the prison, officers may inspect all parcels, mail, food and other items before they are given to you.

Drug misuse can be a problem in some prisons. If you are found in possession of, or using, drugs, you may face severe punishment.

Visits from family or friends 

If your family or friends plan to visit you, they should check the latest travel advice before travelling to Togo. This includes information on safety and security, entry requirements and travel warnings.

The British High Commission can provide guidance on visiting the prison, including what visitors can and cannot bring with them.

You, your family or your friends can also ask your lawyer or the prison directly about visiting arrangements and prison rules.

How many visits you’re allowed 

You are entitled to 2 visits each day: one in the morning and one in the evening.

During the visit 

Visitors are usually seen in the order they arrive and will be given time to speak with you.

It is a good idea to tell family and friends what to expect before they visit. Seeing you in prison and speaking to you in a supervised visiting area may be upsetting for them.

What visitors can take with them 

Visitors may be allowed to bring food and essential items. All items, including food, parcels and other belongings, will be checked by prison staff before they are given to you. Visitors may be asked to taste food before it is accepted by the prison.

Items that could be used to harm yourself or others are not allowed.

Visitors may also be allowed to bring clothing, toiletries, detergents and food to supplement the items provided by the prison.

Visits from British High Commission staff 

We aim to visit you every three months while you are awaiting trial. We may visit more often if necessary, particularly in an emergency. A private visiting room may be available on request, subject to availability.

If you are convicted, we will visit less frequently. How often we visit will depend on an assessment of your needs and vulnerability.

If you have concerns about your health or welfare, you should first speak to the prison welfare officer. You can also write to us at any time at: British High Commission, P.O. Box 296, Osu–Accra.

If your concern is urgent, it may be quicker to ask the prison authorities to contact us on your behalf.

Money 

The British High Commission does not provide financial assistance to prisoners. 

Money transfers from family or friends 

There are two ways you may be able to receive financial assistance while in prison: 

• private funds: deposited to you by your family or friends 
• Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day) 

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to by post. 

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this. 

How to make a complaint about mistreatment 

The British High Commission can help if you have been mistreated or abused - we will take all complaints seriously. Tell us first if you decide to make a complaint. We will ask your permission before taking any action. 

You can make a complaint when you appear before the prosecutor or during a court hearing. You or your lawyer can also submit a written complaint to the prosecutor during the review of your case.

If you believe you have been mistreated, you should tell consular staff as soon as it is safe to do so. We will do our best to visit you, check on your welfare, discuss your concerns, and explain any local complaints procedures or support organisations that may be available to you.

With your permission, and where appropriate, we may raise your concerns with the local authorities if you have not been treated in line with internationally recognised standards.

If you have been mistreated, try to see a doctor, obtain a medical report and, if possible, take photographs of any injuries.

If you have concerns about prison conditions, you should first raise them with the prison welfare officer, another senior prison official, or the Senior Chief Officer (Administration). If the issue is not resolved, you can contact consular staff. We will consider your concerns and take appropriate action where we can.

Your investigation and trial in Togo 

The Togolese justice system is inquisitorial, which means judges play an active role in investigating and assessing the facts of a case. There are no jury trials.

Judges are responsible for examining the evidence and deciding the outcome of your case. Your trial will begin once the investigation has been completed.

The Togolese and UK justice systems share some important principles. For example, you are presumed innocent until proven guilty and have the right to legal representation, an interpreter, a fair trial and an appeal.

However, there are also significant differences. The Togolese justice system faces challenges such as court backlogs, limited resources and staff shortages, which can lead to long delays. Court processes can be complex and bureaucratic, and it may take a long time for cases to progress. In some cases, people can remain in prison for extended periods before their trial or sentencing.

You should discuss legal fees with your lawyer in advance. Legal costs can be high and outcomes cannot be guaranteed.

Do not sign any document that you do not understand. If you are asked to sign something and have concerns, ask to speak to your lawyer first.

The British High Commission cannot interfere in the Togolese judicial process. We cannot ask for your case to be heard more quickly, request special treatment because you are British, or ask the authorities to reduce or waive any penalties.

Start of your trial 

Pre-trial proceedings 

There are three principal stages in a criminal procedure in Togo: 

• the police investigation is carried out by police officers under the supervision of the prosecutor. It is used to establish the nature of the alleged offence, gather evidence and other relevant information, and help the prosecutor decide what action to take next
• the judicial investigation (known as the instruction phase) is led by an investigating judge and is conducted in private. This stage is mandatory for serious offences. For less serious offences, it may be opened if the case is particularly complex. The purpose of the investigation is to examine the facts of the case in more detail. The investigating judge can take a range of steps to gather evidence and determine whether there is sufficient evidence for the case to proceed. If the judge decides there is enough evidence, the case will be referred to a court for trial. If there is insufficient evidence, the case may be dismissed
• the stage of judgment (the trial) 

The pre-trial stage includes the police investigation and, where required, the judicial investigation (instruction phase). If a judicial investigation is not opened, the pre-trial stage will consist only of the police investigation.

During the pre-trial stage, you have the right to legal representation at any time. As part of the police investigation, officers may ask questions that they consider relevant to the case. Your answers and other information gathered during the investigation will be recorded in a police report. The police report is an important part of the process. It helps the prosecutor, and where applicable the investigating judge, decide what action should be taken next and how the case should proceed.

During the judicial investigation (instruction phase), the investigating judge will review the evidence gathered during the police investigation in greater detail. The judge may require witnesses or other relevant individuals to provide information and may order expert examinations where necessary. These can include medical examinations, technical assessments, fingerprint analysis, DNA testing and other forms of evidence gathering. The purpose of this stage is to establish the facts of the case and determine whether there is sufficient evidence for the case to proceed.

During all these phases, you have the right to be assisted by a lawyer. You can refuse to answer if your lawyer is not present. 

A sworn interpreter will assist you if you do not understand French.

Trial proceedings 

Trial proceedings will come either after the police investigation (summary conviction procedure) or after the judicial inquiry. This phase is public. Depending on the case, everything can be done the same day or after a certain number of hearings. 

Ahead of the trial, the judge in court (also known as sitting judge) has access to the files of the case. He is supposed to review it before the trial.  The same applies to the prosecutor, your lawyer, and the plaintiff’s lawyer.

When the trial starts, the sitting judge will first check the presence of all parties. If there are witnesses present, they will be sent to another room. The goal is to keep their testimony as neutral and objective as possible. 

The investigating judge will begin by confirming your identity and asking whether you accept the allegations against you. The judge may then ask further questions about the circumstances of the alleged offence and any other matters they consider relevant to the investigation. Your answers will help the judge understand the facts of the case and decide what further enquiries, if any, are needed.

The judge may allow the prosecutor to question you. Your lawyer may also ask questions and make submissions on your behalf. Once both sides have finished presenting their evidence and arguments, the court will hear any requests or claims from the injured party (plaintiff), where applicable.

The prosecutor will then present their position to the court. If they believe there is sufficient evidence against you, they may recommend a particular sentence. However, the judge is not required to follow the prosecutor’s recommendation and will make an independent decision.

If the prosecutor considers that there is insufficient evidence to continue the case, they may ask the court to dismiss the proceedings.

Your lawyer will then have the opportunity to present your defence, either by arguing that you are not guilty or by asking the court to take any mitigating circumstances into account.

You will usually be given the opportunity to speak last before the court makes its decision.

Sentences 

If you’re found guilty, you’ll be given a sentence. Your sentence will depend on how serious the crime is. Your lawyer can advise you on what your sentence might be or how long it could be.

Sentences can include: 

• misdemeanours (1 to 2 years) 
• second degree felony (not exceeding 10 years) 
• first degree felony (maximum of a life term or less) 

Some punishments in the criminal code include imprisonment, detention, fine, payment of compensation, liability of police supervision, etc. There are no crimes punishable by the death penalty. 

Making an appeal 

From the day the court rules on the case, all parties involved have 15 days to make an appeal.  

The appeal of the plaintiff may not reverse what has been decided on the criminal aspects of the case. It can only call into question any civil aspects. 

The court of appeal can only revise the criminal sentence based on your appeal or the prosecutor’s appeal. 

There is no other legal remedy available apart from the appeals process.

In some circumstances, part of a prison term can be transferred into community service.

Prison conditions in Togo 

Prison conditions in Togo are considerably poorer than conditions in UK prisons. 

There may be problems such as overcrowding, lack of adequate meals, clean drinking water and electricity, and poor sanitation. 

You must avoid breaking prison rules. 

Be careful about how much personal information you share with other prisoners, including details about your case. Even if someone appears friendly, it is sensible to limit the information you give them.

Letters and packages 

You cannot send or receive mail directly. All correspondence is checked by the prison authorities and may be censored. There are restrictions on what you can receive, including pornographic material. As Togo is a socially conservative country, material that may be considered adult content elsewhere could be regarded as pornographic. Prison authorities should deliver letters without unnecessary delay.

Tell your family and friends to include your full name and prison number on all correspondence. It may also help to number letters in sequence, as this can make it easier to identify if any letters are delayed or go missing.

Unfortunately, consular staff cannot accept mail for onward delivery. Any mail received will be returned to the sender. 

You may receive parcels and your family may send you the following items: 

• underpants (new, in their package, any colour) 
• singlets (any colour) 
• photographs 
• regional or overseas newspapers 
• wireless radio (battery powered – prisoners can send batteries or purchase some on site) 
• books or magazines (these will be censored to meet standards of the Prison Service) 

f you are unsure whether an item is allowed, check with your welfare officer before asking for it to be sent to you. Parcels are inspected by the prison authorities, and prohibited items may be confiscated. In some cases, you may not receive part or all of the contents of a parcel if it contains restricted items.

Telephone calls

Phone calls are allowed. 

If you want to speak to your lawyer or family, you must arrange this through the prison welfare officer. Calls usually need to be booked in advance and may be monitored by the prison authorities.

Medical and dental treatment 

While you are detained, the Togolese authorities are responsible for meeting your basic healthcare needs. If you need medical or dental treatment, you should speak to the prison nurse, who can provide routine care or arrange a referral to a hospital or specialist if necessary. You will usually be required to pay for any treatment you receive.

If you have an ongoing medical condition, it may be helpful to have your medical records or a medical report sent from the UK. With your permission, the British High Commission can raise any medical or dental concerns with the prison or police doctor and, if requested, help obtain relevant medical records from your GP in the UK.

Mental health care 

Talk to the prison doctor as soon as possible if you feel you need treatment for your mental health, for example, if you have depression or anxiety. 

The prison may be able to make recommendations about adjustments for psychological issues. 

Emergency trips outside prison 

Trips outside of prison are not allowed in any circumstances. In the case of medical emergencies, hospital visits would be arranged by the prison. 

Food and diet 

You will be provided with basic meals, but they may not offer the same variety or nutritional value as food in UK prisons. You may need to supplement your diet by buying food in prison or arranging for family or friends in Togo to send food to you, where permitted.

Showers and hygiene 

There is no limit on how often you can shower, although access may be subject to prison regulations. Toiletries can be purchased within the prison.

Work and study 

You are not allowed to work in prison, but you can study. 

In Togo, prisoners can learn a trade but cannot undertake formal studies.

Books, languages, activities and study 

You can request local language materials through the British High Commission including language textbooks and dictionaries from Prisoners Abroad.

Exercise 

You will usually be allowed to move around within the prison and take part in physical activity. Some prisons may have facilities such as a football pitch or athletics track. Access to exercise and recreational activities will depend on the prison’s rules and facilities.

Religion 

You have the right to practise your religion while in custody and to take part in religious services where available. The prison service recognises and respects prisoners’ freedom of religion. However, support for practising your faith may vary depending on the facilities available, and the authorities are not required to make special arrangements for all religions. Detention facilities are staffed by prison officers.

Mobile phones 

You do not have direct access to a telephone. If you want to speak to your lawyer or family, you must arrange this through the prison welfare officer, usually by booking a time for a call. Telephone calls may be monitored by the prison authorities.

Transferring to another prison 

Transferring to a prison in the UK 

The UK and Togo do not have a prisoner transfer agreement so you cannot apply to transfer to a prison in the UK.  

Transferring to a prison in Togo 

Transfer to another prison within Togo is possible.

Early release 

Normally, you must finish serving your sentence; however, when a custodial sentence is given, there is a possibility for early release with good behaviour prior to the completion of your sentence on the basis of poor health. 

The only other possibility for early release from serving a custodial sentence is where you are granted a pardon by the President of Togo.

Reduction of sentence (remission) 

There is no provision for reduction of sentence (remission) in Togo. However, there are presidential favours. 

Clemency or pardon 

The President of Togo has the power to grant pardons and clemency. Pardons are often announced around Togo’s Independence Day on 27 April, although this is at the President’s discretion and is not guaranteed.

Release and deportation 

Any British citizen serving a prison sentence may be deported from Togo after completing their sentence.

This can also apply to people with Togolese residence status, as residence permits may be revoked following a conviction. Dual British-Togolese nationals are not liable to deportation. Deportation can happen quickly, particularly if you hold a valid passport. If your passport has expired or has less than 6 months’ validity remaining, you may need to obtain a new passport before you can travel.

To avoid deportation delays, we recommend checking your passport status well before your release date.

If you are deported, you may be prohibited from returning to Togo for a period of time, or permanently, depending on the circumstances of your case.

Returning to the UK after a long period abroad or in prison can be challenging, particularly if you have limited support networks. If you are registered with Prisoners Abroad, they may be able to provide practical support when you return to the UK, including advice, access to a telephone or computer, temporary luggage storage, and help with essential items. If you know your release date in advance, you should contact Prisoners Abroad to discuss any support you may need on arrival.

If you have no money and nowhere to go, Prisoners Abroad’s Resettlement Service can help with: 

• advice on finding emergency accommodation in the London area 
• claiming welfare benefits, including emergency benefit payments if you are destitute 
• making appointments with doctors and dentists 
• putting you in touch with local agencies if you are not returning to the London area 

Later on, you may want advice on housing, work, training, or counselling. Prisoners Abroad can refer you to the right agency. 

Other sources of practical help back in the UK are: 

The Salvation Army 

UK Helpline +44 (0)20 7367 4888 

Monday to Friday 8am to 4pm, or contact your local Salvation Army branch 

The Prison Fellowship 

UK Helpline +44 (0)20 7799 2500 

Monday to Friday 9am to 5pm

Getting a passport 

Make sure your British passport is still in date. Contact the British High Commission before you’re released if you need an emergency passport for your journey home.