constituteproject.org
PDF generated: 14 Oct 2013, 20:27
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.
Togo 1992 (rev. 2007)
Page 26