CAT/OP/BEN/3 a very poor state, with pages torn out of them, and could not constitute a genuine guarantee of protection. At the Cotonou civilian prison, the Subcommittee noted that there were records for admissions, transfers to hospital and deaths in the prison infirmary. At the Akpro-Missérété civilian prison, the Subcommittee examined the registers of the infirmary, including the records of consultations, which also noted deaths at the prison, the registers of temporary transfers for medical treatment and the registers of medical consultations by prisoners sentenced by the International Criminal Tribunal for Rwanda. The Subcommittee noted that the infirmary did not have records for admissions or deaths. It is also concerned about the absence of registers of complaints in the places it visited. 50. The Subcommittee recommends that the State party take strong measures to reduce overcrowding in the Cotonou prison and to improve conditions of detention in the big yard blocks, in particular by ensuring that the detainees have a reasonable amount of space and a mattress to sleep on. It also recommends that the State party make frequent use of the alternatives to deprivation of liberty. 51. The Subcommittee recommends that, as a matter of urgency, the State party finalize work on the new prisons, transfer the prisoners from the Abomey prison to them and close the latter facility. The Subcommittee also requests the State party to ensure that the authorities do away with the differences in the conditions of detention in the Cotonou prison and that all prisoners are treated on an equal basis. The State party should also ensure that different kinds of prisoner are held separately, and particularly that minors are strictly separated from adults and that prisoners of one detention category are kept apart from those of another, in accordance with the Nelson Mandela Rules. It should ensure that prison registers are well maintained and standardized, so that they constitute a real safeguard against ill-treatment. Prison authorities should begin keeping records of detainee complaints. 4. Solitary confinement 52. The Subcommittee observed that the three prisons it visited had solitary cells. It is concerned that detainees have been placed in solitary confinement in the Cotonou and Akpro-Missérété prisons in physical conditions that are not up to standard. At the Cotonou prison, where the Subcommittee visited two cells, it noted that one lacked an opening and ventilation and that the temperature was unsuitable, while the other — with a surface area of two metres by six — was cramped, had no opening and housed five persons. This cell had no running water and was foul-smelling. 53. The authorities explained to the Subcommittee that prisoners were placed in solitary confinement for disciplinary reasons and for serious criminal offences, by decision of the Prosecutor General or the prison warden, by decree and for at most eight days. The authorities at the Akpro-Missérété prison indicated that the decisions were made in accordance with the prison regulations. The Subcommittee is concerned about reports it received that the eight-day period was not always respected in, for example, the Cotonou prison, where a detainee said that he had spent more than a month in solitary confinement. The Subcommittee was also informed that some prisoners were placed in solitary confinement for trivial reasons. 54. At the Akpro-Missérété prison, the Subcommittee met a prisoner who had been in solitary confinement in a cell in building C1 (reserved for prisoners sentenced by the International Criminal Tribunal for Rwanda) for more than a month. The Subcommittee was informed that he had been placed there pursuant to an administrative decision made on account of the danger he posed. 55. The Subcommittee notes with concern that the aforementioned cases of solitary confinement were not in conformity with the Nelson Mandela Rules, as the solitary confinement had lasted for long periods of time and there was no guarantee of due process or independent oversight. 5 The Subcommittee emphasizes that effective legal procedures must be available to all prisoners to enable them to challenge any acts or omissions by prison staff or authorities that they consider to be in breach of the law. Under the Nelson 5 GE.18-16165 Nelson Mandela Rules, rules 37 to 46. 9

Select target paragraph3