CAT/OP/BEN/3
89.
The Subcommittee observed for itself that there was a de facto division of the prison
into two parts — the big yard and the small yard — which reflected inequalities in the
conditions of detention. Being assigned to the buildings on the small yard depended on the
prisoners’ financial means and on the payment of fairly large amounts of money. It
emerged from various interviews conducted by the Subcommittee that prisoners, on their
arrival, were offered a spot in the small yard if they had the means to pay for it. Figures of
up to 1 million CFA francs were mentioned. The Subcommittee is of the view that this
situation results in a system that differentiates between the rich and the poor and leads to
the subservience of the latter, who, housed in the big yard, were providing the prisoners
from the small yard with small services, such as the laundering of clothes, for which they
received payment.
90.
The Subcommittee is concerned that this system of control by inmates appears to
have led to institutionalized, systematic and widespread corruption, encouraged by the
prison authorities and the seeming result of the State party’s de facto withdrawal.11
91.
The Subcommittee calls on the State party to participate more actively in the
management of the Cotonou prison in order to regain control of it. Tasks associated
with the exercise of official power should be carried out by prison staff. The
authorities should ensure that all prisoners are treated on an equal basis and review
the differences in the conditions of detention in the big yard and the small yard. The
State party should also eradicate corruption by punishing the perpetrators and
informing the prisoners and their families of their rights.
2.
Complaints system
92.
The Subcommittee notes the information provided by the State party in its replies. 12
It notes that it was not informed of the existence of a complaints mechanism in the three
prisons it visited. The Subcommittee is also concerned about the lack of registers of
complaints in these prisons and the failure to inform some prisoners that they could file a
complaint if they were victims of ill-treatment. The Subcommittee notes that Decree No.
73-293 of 15 September 1973 on the administration of prisons contains no explicit
provisions on complaints by prisoners.
93.
The Subcommittee recommends that the Beninese authorities set up official and
effective complaints mechanisms. 13 The prison authorities should systematically
inform prisoners of these mechanisms on their arrival. They should also keep a
register of complaints in each prison.
3.
Parole
94.
The Subcommittee notes that parole is regulated by articles to 808 to 812 of the new
Code of Criminal Procedure. It was informed by the authorities of the State party that
parole had been granted on a number of occasions in 2015. At the Cotonou prison, the
authorities reported that some sixty prisoners had been paroled in 2015. However,
consultation of the registers of the prisons visited did not enable the Subcommittee to
confirm or estimate the number of persons released on parole since the entry into force of
the new Code of Criminal Procedure. The Subcommittee received information,
corroborated by inmates at the Abomey prison, that parole is granted less regularly and
applications for parole are processed slowly. The Subcommittee finds it regrettable that,
despite the entry into force of the new Code of Criminal Procedure, the State party has not
made more frequent use of parole for prisoners who may be entitled to it.
95.
The Subcommittee recommends that the State party take the necessary steps to
encourage more frequent use of parole for prisoners who qualify for it. The State
party should systematically and regularly assess the situation of prisoners who meet
11
12
13
GE.18-16165
In its seventh annual report (CAT/C/52/2, para. 73), the Subcommittee stated: “Corruption can be
broadly understood as the dishonest misuse or abuse of a position of power to secure undue personal
gain or advantage, or to secure undue gain or advantage for a third party.”
CAT/OP/BEN/1/Add.1, paras. 31–44.
Nelson Mandela Rules, rules 54 to 57.
15
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