313.The meetings with officials were very helpful in understanding the framework of the system of deprivation and liberty. The SPT wishes to thank the Ministries and institutions for the valuable information provided. 314.At the end of the visit, the delegation presented its preliminary observations to the Benin authorities in confidence. The SPT is grateful to the authorities for the spirit in which the delegation’s observations were received. The SPT asked the authorities for feedback on the steps taken or being planned to address the issues raised in the preliminary observations. In addition, the SPT wrote to the authorities on 10 June and 4 November 2008 requesting updated information on any steps taken since the visit on certain issues which could be or were due to be addressed in the weeks following the visit. These issues included measures taken by the authorities with regard to the treatment of detainees at Dantokpa police station and Bohicon gendarmerie; measures taken with regard to the provision of food and water to persons detained in police and gendarmerie custody; measures taken to eliminate corporal punishment in prisons; and measures taken in relation to prisoners sentenced to death. 315.By a note verbale of 7 November 2008, the authorities transmitted some preliminary responses which have been reflected in the present report. The SPT appreciates the preliminary responses provided and reiterates its request for further clarification on matters where sufficient detail was not provided. 316.The SPT requests the authorities to provide, within one month, information on the action taken to provide acceptable alternative accommodation for the prisoners under sentence of death, in response to the recommendation made at the end of the SPT ’ s visit and reiterated in paragraph 288. The SPT also requests the authorities to provide, within six months, a full written response to this visit report and in particular to the conclusions, recommendations and requests for further information contained therein. This six months period allows time for at least some of the steps planned or in the process of implementation to be realised in practice and for the programme of longer term action to be initiated. The SPT looks forward to continuing co-operation with the Benin authorities in the shared commitment to improving the safeguards for prevention of all forms of ill-treatment of people deprived of liberty. V.Summary of recommendations and requests for information A.Recommendations 1.National preventive mechanism 317.The SPT recommends that: (a)The exclusion of anyone exercising a professional function from the membership of the NPM be reconsidered as it would appear to exclude a practising legal or medical professional; (b)The draft NPM law provide that membership of the NPM is incompatible with any other function which could affect its independence and impartiality; (c)Priority be given to the inclusion in the NPM of a medical professional; (d)The provisions for autonomous management by the NPM of its budget and its financial reporting to the accounting chamber of the Supreme Court be reinstated; (e)The modalities of work of the NPM be spelt out clearly in the draft NPM law, and not left to subsequent decrees, unless those decrees are also the subject of broad public consultation and debate; (f)The process of adoption of the draft NPM law be completed with all possible speed. Any substantive amendments to the draft legislation should be the subject of further consultation; (g)The NPM should make recommendations to the competent authorities with the aim of improving the treatment, including the conditions, of the persons deprived of their liberty and preventing torture and other cruel, inhuman or degrading treatment or punishment. In doing so, the NPM should pay due attention to the relevant norms of the United Nations as well as the recommendations made by the SPT. Furthermore, one of the key aspects of the work of the NPM is to maintain direct contact with the SPT and facilitate exchange of information in order to follow up the compliance with the recommendations of the SPT. 2.Legal and institutional framework 318.The SPT recommends that: (a)The State Party involve NGOs and academic experts in the revision of national legislation, namely, the draft criminal code and the code of criminal procedure, with a view to alignment with the provisions in the Convention. The authorities of Benin should take all necessary measures to adopt these two draft laws as soon as possible; (b)The authorities develop clear and objective criteria for selecting NGOs to be granted the right to visit places of detention, and that they consider granting those NGOs permanent authorization to visit; (c)That Benin guarantees access to legal assistance to persons without sufficient resources. 3.Deprivation of liberty by police and gendarmeries