CAT/OP/BEN/3
B.
Institutional framework
1.
Need for a specialized prison service and training
103. The Subcommittee observed a chronic shortage of staff and a lack of training at the
prisons. It also noted that there was no specialized prison service; instead, prison officers
were gendarmes seconded to carry out custodial functions. The Subcommittee has not
received information on the training of these officers on specific subjects and standards
relating to the management and supervision of persons deprived of their liberty. The
Subcommittee is of the view that having a sufficient number of prison officers is likely to
result in better management of prisoners in correctional facilities. The Subcommittee
therefore finds it regrettable that there is no prison service with special training in the
supervision and management of prisoners. The Subcommittee acknowledges the draft bill
on the special status of prison service personnel, a copy of which it received from the
national authorities of the State party, and notes that it contains provisions on the
recruitment, training and performance of the duties relating to the administration of a prison
that are broadly in line with the requirements established by the Nelson Mandela Rules. 17
However, the Subcommittee was not informed of the planned date for the finalization of the
draft and its adoption by the parliament.
104. The Subcommittee recommends that the State party: (a) increase significantly
the number of staff members responsible for the custody of detainees in all the prisons
it visited; (b) finalize and adopt the draft bill on the establishment of a specialized
prison service; and (c) ensure that education and information regarding the
prohibition of torture and ill-treatment are an integral part of the training of prison
personnel. The Subcommittee invites the authorities to encourage the recruitment of
female prison personnel.
2.
Resources
105. The Subcommittee is concerned about the chronic lack of resources it observed in
the prisons it visited. As noted above, the Subcommittee found that the infirmaries lacked
medicine and medical equipment. Similarly, the Subcommittee was informed that prisons
lacked vehicles for temporary transfers to hospitals. It was also informed that the prison
oversight authorities did not have the resources to conduct regular inspections in places of
deprivation of liberty. In addition, the prison food budget did not allow for the provision of
food of sufficient quantity and quality. The Subcommittee noted that the resources to give
each prisoner the necessary personal hygiene products were lacking. Its discussions with
the prison authorities made it clear to the Subcommittee that the lack of resources had a
negative impact on the conditions of detention.
106. The Subcommittee recommends that the State party increase budgetary
allocations to the prisons it visited to ensure that they have sufficient resources for
food, medicines, medical equipment and hygiene products, for the maintenance of
decent conditions and for other purposes. The Subcommittee invites the State party to
provide all prisons with vehicles for temporary transfers for medical treatment.
VIII. Repercussions of the visit and conclusion
A.
Repercussions of the visit
107. In some of the places visited, some detainees reported that they feared reprisals. The
Subcommittee noted on several occasions that detainees were afraid to speak freely with the
delegation, in particular at the Agblangandan gendarmerie station, where persons in custody
refused to speak to the members of the Subcommittee delegation. At the Cotonou prison,
some prisoners expressed the same concern. The Subcommittee notes the assurances
provided by the authorities of the State party during the closing meeting and by the
17
GE.18-16165
Nelson Mandela Rules, rules 74 to 76.
17
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