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