(b)Food
120.The delegation met with representatives of the Ministry of Defence and the Ministry of the Interior, who explained that there was
currently no budgetary provision for food to be distributed to those held in garde à vue. They acknowledged, as confirmed by police
officers and gendarmes, that persons deprived of their liberty relied on their families and friends to receive food.
121.It was reported that, if there were no family or friends, police officers and gendarmes would provide food to the gardés à vue.
In practice, however, the delegation heard that detainees often did not receive any food for the entire duration of their stay in police
stations and gendarmeries. For example, the detainee at the police station in Dodji said that he had last eaten on the morning of the
day before and explained that detainees could not have food unless they ordered it and paid for it, or unless their family brought in
food. The police had offered to notify his family, but he had no immediate family and the only number of a friend he had on him did
not work. He said that he had no money for food.
122.The woman in police custody at the Central police station in Porto Novo indicated that she had eaten some rice early in the
morning of the day prior to custody, and the baby who was in the cell with her had had some porridge at the same time. The baby
was breast-feeding. In police custody she could not buy porridge, so she gave the baby water. She had no money and was hoping to
obtain money for food from her family. As the delegation was leaving, the woman’s brother arrived to assist her.
123.The male adolescent detainee at the Gendarmerie in Séhoué said he had not been provided with any food or water since he
arrived at the Gendarmerie the previous evening.
124.Many detainees also spoke about the problem of corruption in relation to obtaining food while in initial custody. It is not difficult
to see the scope for abuse: the delegation observed people bringing money to the police station, for example in Dantokpa police
station, and no recording of this process.
125.By letter of 7 November 2008, the authorities informed the SPT that, “in addition to the existing solidarity displayed
in places where people are detained, and whereby food brought in by family members is shared among the detainees, it is
envisaged that such places be provided with petty cash boxes, within available resources, to bridge this gap.” The SPT
requests to be provided with more information on the authorities ’ proposal to provide petty cash boxes in places where
persons are deprived of their liberty. In this regard, the SPT recommends that a specific budget for food provision for
people in initial custody be established and carefully administered to ensure that the food reaches the persons
concerned. If families are able to bring food in for their relatives in custody this process also must be scrupulously
supervised to prevent abuse, and be duly and promptly recorded in a register.
(c)Water and sanitation
126.As regards the provision of water, both for drinking and for sanitation, the delegation observed that no cells had water taps, and
that access to water was therefore sporadic if available at all, and dependent on the law enforcement officers. The showers in the two
cells at Cotonou Central Police Station provided water for the detainees, but they had to have bottles in which to collect the water.
At Dantokpa police station, one detained person said that there was water already in the cell when he arrived. At the police station
in Dodji, Porto Novo, the one person in garde à vue said that he had not asked for water, as he was afraid to ask. By letter of 7
November 2008, the authorities informed the SPT that police stations are provided with drinking water for use by detainees. They
also reported that other measures are being taken to ensure that detainees have better access to water without having to leave their
cells. The SPT recommends that detainees be systematically provided with at least two litres of drinking water per day
free of charge, and without this being dependent on an actual request from the detainee. Regular access to toilets and
bathrooms must be provided to those deprived of their liberty. The detention sections and cells should be swept and
mopped regularly by staff. The toilets must be unblocked and thoroughly cleaned.
127.In addition, and specifically relating to the Gendarmerie of Bohicon, it is imperative that steps are immediately
taken to restore the water supply, both for the staff working at the gendarmerie and for those held in garde à vue. In the
absence of a piped water supply, a raised water tank with a minimum capacity of 500 litres should be installed and
regularly filled by a water tanker.
128.None of the establishments visited granted any access to outdoor exercise for the detainees. The only occasion when some
detainees could leave the cell was in those few establishments where they could go to the toilet or to use the shower. Otherwise,
detainees would remain in the cell for the entire period of the garde à vue. The SPT recommends that persons kept in police
custody for more than 24 hours should, as far as possible, be offered outdoor exercise every day.
129.The SPT recognises that generally initial custody lasts for 96 hours or less in Benin. However short the period of
initial custody, the SPT considers that minimum conditions of health and hygiene must be met for all persons held. The
SPT recommends that any person held in initial custody by law enforcement officials must be provided with a clean place
to stay, including at a minimum a mat to sleep on, with access to sanitation, and with food and drinking water to meet the
basic necessities of life. The cell should have access to natural and artificial light and ventilation.
12.Health care in police and gendarmerie custody
130.There was no health-care staff at the police stations or gendarmeries visited. At the Central police station in Cotonou, staff
reported that, although visiting the emergency department at the hospital was free of charge, medication was not and that therefore
there was a need for a budget for medicines. In theory, upon request to see a doctor, the officer in charge informed the director of the
establishment of the request, who in turn informed the Procureur, who was responsible for authorising any transfer of detainees to
medical facilities. In practice, although some detainees met by the delegation had requested medical treatment, all requests had been
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents