described them as the most spoilt because they received preferential treatment. The delegation found that in practice this was not the case. 290.The 16 prisoners sentenced to death lived together in a small locked cell measuring 10m2 with a barred door giving on to a narrow corridor. The cell felt airless and hot, and was infested with rats from a nearby storage room. The cell was poorly lit, which had reportedly had an impact on the eyesight of three of the prisoners. The prisoners were locked up and had no family visits. They were allowed to leave the cell once a month for 15 minutes to be shaved, and this was the only time they saw the sky, which was not visible from the cell. A member of the delegation entered the cell in order to interview the prisoners sentenced to death. The prisoners said that this was the first time anyone had been inside the cell in 10 years (the longest serving prisoner having arrived in July 1998). This situation is an affront to human dignity and constitutes cruel and inhuman punishment. 291. The SPT recommends that alternative accommodation be provided for prisoners sentenced to death, so that they can have access to adequate conditions, including space for sleeping, and that the regime and restrictions applied to these prisoners be reviewed as a matter of urgency, in order to provide time out of cell every day, including an hour of outdoor exercise. 292.By letter of 7 November 2008, the authorities informed the SPT that “there is currently no measure in place to grant prisoners sentenced to death access to one hour of outdoor exercise per day, in the sense that their cell does not have access to a special courtyard. However, prisoners sentenced to death leave their cells once a month to be shaved and for a ‘sun bath’. Consultations are ongoing to determine how the government can improve this situation or take such a decision.” 293.The current situation of the prisoners under death sentence was not safe. When a member of the delegation insisted on entering the cell to speak with them in private, it took quite some time for staff to find the keys to the four padlocks on the door. The staff was unable to demonstrate how they would have evacuated these prisoners in time in the event of a fire. The SPT recommends that, for as long as the cell accommodating the prisoners sentenced to death is in use, steps should be taken to ensure that the door can be opened efficiently in case of emergency. 294.The prisoners described how their conditions had improved 14 months ago with the installation of a toilet with flush in an adjacent former store, which had been incorporated as an annex to the cell. This replaced the pot in the corner which they had previously used and emptied through the bars of the door. Although a shower was installed a year ago, the water supply was reportedly often cut during the day. Six months ago the new director had provided a ceiling fan. 295.The daily regime was one of extreme monotony: a small shared television set donated through a woman prisoner provided some relief. They said that they spent most of their time reading or in prayer; all were of the Islamic faith and reported that the imam had only come twice in ten years, although a nun came every Sunday. They also passed the day taking turns to sleep, since it was difficult for them all to sleep at night. They demonstrated how they lay down on the cell floor at night; they were packed together like sardines in a tin. 296.The situation of these prisoners, held for many years without prospect of release, creates a risk of serious adverse psychological effects, mental health problems and eventual disintegration of the personality. In the view of the SPT, it is cruel and inhuman to imprison people in such conditions for years on end. 297.The prisoners informed the delegation that most of them did not know what stage of procedure their case had reached. They reported that only two of them had had their sentence confirmed by the Supreme Court, while others were still waiting for various appeals. The SPT considers that it is an important right that all prisoners, including those prisoners sentenced to death, have the possibility of communicating with their lawyers, as well as their family. 298.The SPT recognizes that the authorities have instituted a moratorium on the death penalty and that there have reportedly been no executions since 1986. The SPT encourages the authorities to take the next step by abolishing capital punishment in law as well as practice. The SPT recommends that all sentences of death be commuted to sentences of life imprisonment so that there is a possibility of review and eventual release. 299. In all the circumstances described above, and taking into account the extremely poor material conditions and the length of time that some prisoners have been subjected to them, the SPT considers that their situation amounts to cruel and inhuman treatment . 12.Complaints procedures and monitoring as a safeguard against ill-treatment 300.When asked about monitoring of prisons, the director of Cotonou Prison said that the General Inspector visited either to verify a complaint or to carry out routine inspections; the last visit was in 2007. The Department of Human Rights within the Ministry of Justice visited; when pressed as to dates of the most recent visits, he said that there had been a visit in 2007 and 2008. He also mentioned NGOs visiting, such as Amnesty International; they made announced visits after obtaining authorisation from the Ministry of Justice. The registrar at Abomey Prison indicated that the prison had been visited once by the Procureur, and the Commission de surveillance des prisons had also conducted a visit, but no visit reports were available. Further, the registers at Abomey Prison were examined by the Inspecteur Général Adjoint des Services de la Justice on 13 July 2005, who recommended that Tipp-Ex be used less frequently. There were no written records at Cotonou Prison about monitoring of any kind. As far as internal monitoring was concerned, the director’s superior (from within the military hierarchy) had visited the prison on the previous Friday to see how security was organised. The SPT recommends that a written detailed report be produced after every prison visit, which should be communicated to the prison authorities and the Ministry of Justice. 301.Several prisoners interviewed at Cotonou and Abomey Prisons indicated that they had sent written complaints to the Minister of