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