31.The SPT notes that article 114 (onwards) of the Criminal Code provides for a number of offences in cases where public officials commit acts which, inter alia, deprive others of their liberty. In particular, article 119 of the Criminal Code provides that civil servants and public officials who are made aware of an allegation of illegal and arbitrary detention, and who do not follow through on the allegation with their superiors, are liable for damages and to be stripped of their civil rights (dégradation civique). Finally, the SPT notes that according to article 186 of the Criminal Code, civil servants and public officials can be found guilty of using force against persons without legitimate grounds. The SPT requests further information on these offences and statistics on the number of complaints/sanctions imposed as a result of these provisions of the Criminal Code during 2006, 2007 and 2008. 32.Decree No. 2004-394 of 13 July 2004 gives competence to the Ministry of the Interior, Security and Territorial Administration to ensure public order and security. To carry out its mission, the Ministry of the Interior has special powers, such as the general inspection of security forces, which is directly under the Ministry, and the general management of the national police. Similarly, in accordance with Decree No. 2005-249 of 6 May 2005, the Ministry of Defence has oversight of the actions of the gendarmerie. 33.The delegation was informed that the Inspection Générale de la Police, the Inspection technique (for the gendarmerie) and the Inspection Générale des Forces de Sécurité all undertake oversight activities, including receiving and investigating ‘ethical and moral’ complaints, i.e. allegations of corruption or racketeering by officers. Further, the delegation was informed that there are two other types of internal oversight of the police. Firstly, the Direction de la Police conducts oversight, including visits, on the orders of the Directeur Général de la Police. Secondly, the Minister of the Interior can himself order an inspection. The SPT wishes to receive further information for 2006 – 2008 about the mandate of these bodies; the number of complaints received per year; the number of complaints pursued per year, for which offences, and against whom; and the outcome of all such complaints, including sanctions imposed on the officers responsible. 34.According to the Annual Statistical Report for 2005 of the Ministry of Justice, provided by the liaison officer to the delegation during the visit, the Department for Civil and Criminal Cases (Direction des Affaires Civiles et Pénales) of the Ministry of Justice is mandated to receive complaints of ill-treatment by security forces and abuse of garde à vue. In particular, according to the Annual Statistical Report for 2005, three complaints were lodged for violence by security forces (violences exercées par les forces de l ’ ordre). The SPT requests more statistical information on those activities for the past three years, as well as more detail on the outcome of such complaints. 2.Prison monitoring bodies and complaints (a)Monitoring 35.The SPT understands that there are a number of bodies whose responsibility includes prison monitoring, and some of those will be discussed in the next sections dealing with judicial oversight. For example, in meetings with representatives of the Supreme Court, the delegation heard that it has conducted an inspection of all prisons in Benin, and submitted visit reports to the government. The SPT requests copies of these inspection reports. 36.The DAPAS (Direction de l ’ Administration Pénitentiaire et de l ’ Assistance Sociale) is the department within the Ministry of Justice, Legislation and Human Rights charged with the administration of prisons. Its mission is to ensure the regulation, organization and control of the different punishments, and ensure the management of personnel and equipment to provide assistance for persons of all ages concerned with judicial procedures. One of its missions is to regularly visit prisons. The SPT regrets that it has not been provided with any such mission reports, and requests any further information for the last three years on visits undertaken and recommendations made by the DAPAS to improve the treatment, including conditions, of persons deprived of their liberty. 37.The SPT understands that the DAPAS is also mandated to receive and act upon visit reports conducted by the Commission for the Oversight of Prisons (Commissions de surveillance des prisons), set up pursuant to article 578 of the Code of Criminal Procedure and article 80 of Decree No. 73-293 on the administration of prisons (Décret No. 73-293 du 15 septembre 1973 portant régime pénitentiaire). According to the Annual Statistics Report for 2005 of the Ministry of Justice, provided by the liaison officer to the delegation during the visit, these Commissions conducted 10 visits in 2005. The SPT requests copies of the Commissions’ mission reports, and information on any follow-up as a result of these prison visits. The SPT also requests that the authorities clarify whether visiting occurs on an on-going basis and provide information on any visits carried out after 2005. 38.In addition, the Human Rights Department (Direction des Droits de l ’ Homme) of the Ministry of Justice is mandated to ensure that United Nations minimum standards on detention are observed, and to carry out periodic visits to places of detention. These visits can be both reactive in nature (after a denunciation of a human rights violation), or preventive (to encourage respect of the rules on conditions of detention). The SPT wishes to thank the liaison officer for providing it with three reports of visits conducted by the Human Rights Department. It notes that in one such report, the Human Rights Department issued a recommendation that it should be endowed with the necessary resources to conduct unannounced visits to places of detention. The SPT requests information as to the resources earmarked for the preventive work of the Human Rights Department in 2007 and 2008, and copies of all visit reports which have been undertaken since 2006. The SPT also requests the comments of the authorities on the recommendation to mandate the Human Rights Department to carry out unannounced visits. 39.According to the Annual Statistics Report 2005, the Inspection Générale des Services de la Justice (IGSJ) also conducted 20 prison visits in 2005. The SPT requests copies of any such visit reports, any recommendations made, and information about any action taken following these visits. 40.The delegation understands that similarly, other departments of the Ministry of Justice are mandated to visit places