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prosecutor, but it may not exceed eight days. The Subcommittee noted that, in general, the
48-hour period was respected and that, in practice, it was the State prosecutor who granted
extensions. The Subcommittee is of the view that there has been progress and that efforts
have been made to ensure that this period is respected. There is still room for improvement,
however. In certain cases, this time limit had been exceeded, giving rise to abusive custody.
37.
The Subcommittee recommends that the State party be especially careful to
ensure that, in all cases, the limits on the duration of the custody of suspects are fully
respected in practice.
3.
Record-keeping
38.
The Subcommittee noted the efforts made by the State party to develop a
methodology for a unified register in police and gendarmerie stations and to train staff to
set up such a register. The police and gendarmerie stations had registers that were fairly
well kept. The Subcommittee welcomes this positive development. It notes that the
standardization of registers should make it possible to collect and record information on the
reasons for arrest, the exact time and date of the outset of detention, the length of detention,
the end date, the identities of the detained person and the officer who authorized detention,
and specifics concerning the place of detention, the timing of the first appearance before a
judicial authority, the extension of detention, the authority that made the decision to extend
detention and the length of the extension.
39.
The Subcommittee noted with concern that there were lapses in the maintenance of
registers and that they were not uniform in all the places it visited. In the police and
gendarmerie stations, the registers did not include information on the age, the release or the
time of release of persons taken into custody or even the date of the outset of custody.
There were also failures to record data in real time. In one police station, only the
occurrence book was kept in real time, whereas the custody register was filled in after the
fact — it was two months behind on the day of the visit. The Subcommittee remains
concerned about the lack of rigour and systematization with which information about
persons detained in police and gendarmerie stations is recorded.
40.
The Subcommittee recommends that the State party continue making efforts to
put in place, in all police and gendarmerie stations, a standardized system to record
strictly, systematically and comprehensively information about persons placed in
custody.
4.
Allegations of torture and ill-treatment
41.
The Subcommittee was informed of but few allegations of torture or ill-treatment of
persons in custody. The Subcommittee did not see or meet persons in custody with marks
on their bodies suggesting that they had been subjected to ill-treatment. However, the
Subcommittee remains concerned about the information provided by some prisoners at the
Abomey prison, who stated that they had been subjected to violence while in police or
gendarmerie custody.
42.
The Subcommittee considers that the situation has changed for the better and
that there has been a significant improvement. It encourages the State party to be
particularly careful to ensure that, in all places, persons in custody are not subjected
to ill-treatment; that, in the event of ill-treatment, they may file complaints; that
immediate, impartial investigations of these violations (Convention against Torture,
arts. 12 and 13) are carried out; and that the perpetrators, if found guilty, are
punished.
B.
1.
Prisons
Overcrowding and physical conditions of detention
43.
At the time of the Subcommittee’s visit, the civilian prisons in Cotonou and Abomey
were still overcrowded. The Subcommittee’s previous recommendations had clearly not
been acted on.
GE.18-16165
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