the “whiplash” was located. 140.From the preventive standpoint, it is important that no impunity is seen to exist, if law enforcement officers ill-treat persons in their custody. With a view to decreasing impunity, the SPT recommends that all law enforcement officers be obliged to wear a means of clear identification, such as a name badge or other identification while on duty. 141.The second allegation of ill-treatment related to two persons kept in garde à vue at the Gendarmerie of Bohicon. On 19 May 2008, around four low-ranking gendarmes reportedly entered the cell and began to beat a detainee with truncheons and a flat wooden bat (a “parmatoire”) around 50 cm long and 10 cm wide. A bat similar to that described was observed by the delegation just outside the cell at Bohicon Gendarmerie during the visit. The detainee also reported having been made to sit on the floor of the cell, while one gendarme held his legs out and another hit him on the soles of his feet with a truncheon. He was made to hold his palms out and upward, and was struck several times on the palms with the bat. He also told the delegation that he was made to stand facing the wall with his arms stretched above his head, and then was struck with the bat on the buttocks. A medical examination of the detainee showed injuries consistent with the extensive beating which he described. A second detainee reported having been beaten on the back and shoulders with a truncheon and was bruised over these areas. The delegation’s medical examination concluded that the bruising observed was entirely consistent with blunt trauma from a cylindrical object such as a truncheon. 142.In the preliminary observations presented to the authorities on 26 May 2008, the delegation requested that the authorities initiate an inquiry into the treatment of persons deprived of liberty at Dantokpa police station and at the Gendarmerie of Bohicon. The SPT subsequently wrote to the authorities requesting that they provide information about the actions taken to implement this request and the outcomes of the inquiries. 143.In a letter dated 7 November 2008, the authorities responded by providing preliminary information as follows: “the competent services were immediately requested to investigate the treatment of persons deprived of their liberty, not only in the places mentioned, but in many other places throughout the country. These investigations have shown that the exiguity of the premises, the lack of financial resources in stations and the low number of staff in certain places counteract the efforts made by that authorities of Benin to treat persons deprived of their liberty in a more humane manner. However, certain measures have already been taken in order to set up a commission which will review these various challenges, and propose urgent adequate solutions to address them.” The SPT requests clarification as to which services conducted the investigations, and confirmation that they were independent from the police and gendarmerie stations which were investigated. The response of the authorities refers to material constraints such as lack of budget and personnel cancelling out its efforts. The SPT reaffirms that lack of resources can never be a reason for ill-treatment. As far as material conditions are concerned, the SPT notes as a positive development the establishment of a commission, and wishes to remain informed about the outcomes of its work. Finally, it reiterates its concerns, and recommends an independent inquiry into the treatment of persons in custody by staff at the police station in Dantokpa and the Commissariat in Bohicon. 144.These examples concerning allegations of torture and other corroborative findings by the delegation indicate that there is no room for complacency about the risk of torture or other ill-treatment by the police and the gendarmerie. There is a need for greater vigilance over the initial stages of police and gendarmerie apprehension and investigation. From a preventive perspective, it is important to acknowledge the risk of torture and other forms of ill-treatment happening during apprehension and to ensure that such abuse is prevented by the knowledge that it will be dealt with severely. The SPT considers the establishment of an independent police and gendarmerie complaints body as a key opportunity to reinforce the message to law enforcement officers that ill-treatment will not meet with impunity. 145.The SPT recommends that the authorities remind all police and gendarmerie personnel at all levels that torture and other forms of ill-treatment of persons in their custody are prohibited. The SPT also recommends that training in investigation methods should emphasize the need to respect human rights, including the right to silence of a suspect or accused person, and the requirement to proceed from the evidence to the suspect. In the SPT ’ s view, and in light of state obligations pursuant to articles 12 and 16 of the Convention against Torture, even in the absence of a formal complaint, such authorities are under a legal obligation to undertake an investigation whenever they receive credible information, from any source, that ill-treatment of persons deprived of their liberty may have occurred. B.In prisons 1.Overpopulation and strategies for reduction 146.The delegation visited three of the nine prisons in Benin. The visit to Akpro-Missérété Civil Prison was a focused visit, whereas the visits to Cotonou Civil Prison and Abomey Civil Prison were full visits. 147.The SPT notes that the rate of persons held in prisons in Benin is around 77 per 100,000 of the population of Benin (approx. 7,900,000), whereas the official number of places available in prisons is around 2,675. Official data confirm that, with the exception of the new prison, Akpro-Missérété, which was still in the process of taking in prisoners, the prisons of Benin were massively overpopulated, with consequent extreme overcrowding in certain quarters. From the standpoint of preventing ill-treatment, this raises serious concerns, since the strain on material conditions, regime and services increases with the rate of overcrowding; moreover, overcrowding exacerbates the tensions inherent in custodial settings, adversely affecting the relations among prisoners and between prisoners and staff. 148.At the time of the visit to Cotonou Prison, the director reported a total of 2,257 prisoners, of whom about 180 were sentenced, while most were inculpés. The great majority of prisoners were men, with a small group of male adolescent detainees; 118 were women; and among those there were 7 female adolescent detainees; 16 were death row prisoners; and there were also 10 babies or