CAT/OP/BEN/3
13.
The Subcommittee finds it regrettable, however, that the information and documents
it had requested before the visit were not provided until very late, thereby preventing it
from preparing for the visit in a wholly satisfactory manner.
14.
The Subcommittee notes with satisfaction that the prison wardens and the authorities
at police and gendarmerie stations, including junior personnel, were duly informed of its
visit and provided full access to places of deprivation of liberty and detainees. It also notes
the level of professionalism, courtesy and efficiency of custodial staff, in addition to their
support for human rights principles, which is probably the result of their human rights
training.
15.
This cooperation and this positive attitude are a considerable improvement on what
it experienced on the visit in 2008, during which the Subcommittee had problems gaining
access to some places of detention and detainees.
III. Report methodology and structure
16.
The Subcommittee stresses that, despite some improvements, very limited in scope,
the situation has not changed much in the State party and that, in some cases, it has become
worse. The purpose of the Subcommittee’s observations and recommendations is therefore
not to go over again at length those already made in the previous report but rather to enable
the State party to reflect on the prevention of torture and in particular on the goals and
objectives of the criminal justice and prison systems that such prevention requires.
17.
The Subcommittee’s report thus has four main parts: the first reverts to the issue of
the national preventive mechanism, which the State party has still not put in place; the
second focuses on various aspects of the conditions of detention; the third deals with the
administration of justice and penal policy; and the fourth examines prison policy. As there
has been little improvement, the Subcommittee is of the view that these chapters address
intrinsically linked structural problems and that analysing them together is likely to
contribute to the prevention of ill-treatment.
IV. National preventive mechanism
18.
The Subcommittee notes that the State party ratified the Optional Protocol in 2006
and that, pursuant to article 17 thereof, it undertook to establish, within one year, a national
preventive mechanism, which has not yet been done. The Subcommittee finds it regrettable
that it was unable to meet with the members of the ad hoc working group on the national
preventive mechanism, although it had made a specific request to do so.
19.
The State party appears to have opted to establish its national preventive mechanism
as part of the Benin Human Rights Commission, in part for reasons related to resource
constraints. The Subcommittee takes note of Act No. 2012-36, the Benin Human Rights
Commission Act, the text of which was transmitted to it by the authorities of the State party.
It also notes that, under article 4 of this Act, the Benin Human Rights Commission is
empowered to “conduct periodic visits, with or without notice, to places of detention or
confinement in order to prevent all human rights violations”, a power that is at the core of
the mandate of a national preventive mechanism.
20.
The Subcommittee notes, to be sure, that the State party has linked the establishment
of a national preventive mechanism to the functioning of the Benin Human Rights
Commission and that the mechanism is to be established by decree, but the Commission is
not yet operational and, according to the information provided by the authorities themselves
and civil society organizations, it is facing a number of obstacles. These difficulties are, to
all appearances, delaying the establishment of the national preventive mechanism, which is
becoming a matter of great urgency.
21.
The Subcommittee does not take positions on the advisability of establishing a
national preventive mechanism that is a separate body or part of a national human rights
institution. It notes, however, that the provisions of article 4 of the Benin Human Rights
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