CAT/OP/BEN/3
the conditions defined in the relevant articles of the Code of Criminal Procedure and
encourage them to apply for parole and, as appropriate, release them.
4.
Reintegration policy
96.
The Subcommittee notes that the new Code of Criminal Procedure (art. 807) and
Decree No. 73-293 on the administration of prisons (arts. 70–72), like the regulations of the
Akpro-Missérété prison (art. 18), provide for “social rehabilitation” activities with a view to
the reintegration of prisoners.
97.
The Subcommittee is concerned that, in general, the reintegration activities (classes,
training workshops) mentioned in its previous report had either ended or been significantly
curtailed in the prisons it visited, with the exception of the Akpro-Missérété prison, where
there were sewing and gardening activities. 14 The Subcommittee also observed that, at the
Cotonou and Abomey prisons, opportunities for participation in activities — involving
learning a trade, getting an education or producing handicrafts — were not systematically
afforded to the prisoners. It noted the existence of metalwork and welding workshops in
building E at the Cotonou prison.
98.
The Subcommittee calls on the Beninese authorities to set aside a budget and the
resources necessary for a variety of activities, including occupational training, learning and
education, to be offered to all prisoners with a view to their reintegration into society.
5.
Prison visits by the competent authorities and their effects
99.
The Subcommittee notes that Decree No. 73-293 on the administration of prisons
(arts. 79–81) and the new Code of Criminal Procedure (arts. 241 and 806) provide for
inspections of places of deprivation of liberty by various judicial authorities, as well as the
possibility of visits by the administrative authorities as described by the Subcommittee in
its previous report.15 The Subcommittee notes that NGOs may visit places of deprivation of
liberty, including prisons, provided that they obtain authorization.
100. In its discussions with the authorities, the Subcommittee was informed that some
visits, including by the Prosecutor General and the Minister of Justice, had been carried out
since 2008, the year of the Subcommittee’s previous visit. Interviews held by the
Subcommittee with other sources confirmed the Minister of Justice’s visits of 26, 27 and 28
August 2015 to the Cotonou and Abomey prisons, as well as the Prosecutor General’s visits
to the Abomey and Akpro-Missérété prisons. The Subcommittee has nonetheless not
received from the authorities an account of the findings of those visits or the
recommendations and decisions that were made.
101. The Subcommittee notes that it was unable to find traces of such visits in the
registers, which prevented it from verifying how regularly and at what intervals they took
place. The Subcommittee remains concerned about reports that inspections of places of
deprivation of liberty by the authorities are not very common in Benin. It stresses the
importance of such inspections to preventing ill-treatment and verifying the legality of
detention.
102. The Subcommittee recommends that the State party, taking into account its
Code of Criminal Procedure, ensure that the authorities regularly carry out prison
visits, that the reports of such visits and information on the measures taken to
improve the visits are shared, and that the necessary decisions to grant release are
made in the event of illegal detention.16
14
15
16
16
CAT/OP/BEN/1, paras. 266–279.
Ibid., paras. 35–50.
Nelson Mandela Rules, rules 83 to 85.
GE.18-16165
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