23.The SPT has considered the stage of adoption of the draft legislation and understands from the letter of 7 November 2008 from the authorities that the draft legislation was examined and adopted by the National Commission on Legislation and Codification during its special session of 23 September 2008. The authorities also informed the SPT that the next step in the adoption process will be the transmission of the draft to the Head of State with a view to its examination by the National Assembly. The SPT considers that the draft legislation has been under consideration for adoption for some time and recommends that the process be completed with all possible speed. If the draft legislation is further amended during the adoption process, the SPT asks to be provided with a copy of any amended text. Any substantive amendments to the draft legislation should be the s ubject of further consultation. 24.As a body complementing, at national level, the work of the SPT, the NPM is in a frontline position to ensure the continuity of the dialogue with the national authorities on issues relating to prevention of ill-treatment. To this end, 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. 25.The SPT looks forward to further discussions about all aspects of the NPM’s work through a dialogue with the authorities and with the NPM as it develops. II.Formal safeguards against ill-treatment 26.The SPT considered those elements of the legal framework with the potential to provide safeguards for persons deprived of their liberty and those potentially contributing to the risk of ill-treatment. A.Legal framework – primary legislation and codes 1.The Constitution of Benin and the Constitutional Court 27.The Constitution of Benin of 11 December 1990 is the supreme law of the State, and Title II is devoted to the rights and duties of the individual. Moreover, article 147 of the Constitution provides that “treaties or agreements lawfully ratified shall have, upon their publication, an authority superior to that of laws”. In particular, the principles enunciated in the African Charter on Human and People’s Rights were incorporated into Title II of the Constitution. Further, the full text of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ratified by Benin on 12 March 1992 was published in the Official Gazette of 5 September 2006. 28.With respect to the role of the judiciary as a guarantor of the human rights of detainees, article 114 provides for the Constitutional Court to exercise the highest jurisdiction of the State in constitutional matters. The Court rules upon the constitutionality of laws and is responsible for guaranteeing fundamental individual rights and civil liberties. Any citizen may ask the Court to rule on the constitutionality of laws either directly, or through the special action of unconstitutionality invoked in a case before a court involving that citizen. 2.Legal codification of the offence of torture 29.Article 18 of the Constitution states that “no one shall be submitted to torture, nor to mistreatment, nor to cruel, inhumane or degrading treatment. No one shall have the right to prevent a detainee or an accused person from being examined by a doctor of his choice. No one may be detained in a penal institution if he does not fall under the provisions of a penal law in force. No one may be detained for a duration greater than forty-eight hours except by a decision of the magistrate before whom he must have been presented. The delay may be prolonged only in circumstances exceptionally provided by law and may not exceed a period greater than eight days.” Any individual or agent of the State who, during the exercise of his functions, commits acts of torture or inflicts cruel, inhuman and degrading treatment, whether on his own initiative or under orders, shall be punished in accordance with the law (article 19 of the Constitution). 30.There is no formal definition of torture in Beninese legislation. The SPT understands that the Constitutional Court has attempted to bridge this gap by providing a broad definition of torture. The SPT understands that steps are being taken to incorporate the definition of torture in accordance with article 1 of the Convention against Torture, and to define torture as an offence in the final version of the draft criminal code currently before the National Assembly. However, the SPT notes that the text of the draft criminal code provided by the State Party does not contain a definition of torture and does not provide for a specific criminal offence of torture. It also notes that the draft criminal code and the draft code of criminal procedure have been discussed by Parliament for six years. The SPT associates itself with the recommendations of the Committee against Torture and asks that 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.Institutional framework – systems for complaints, monitoring and legal aid assistance 1.Police and gendarmerie complaints and monitoring processes