3.Police and gendarmeries
323.The SPT requests:
(a)Information on how the authorities intend to increase the number of qualified lawyers and what training will be offered to lawyers
regarding the specificities of police and gendarmerie work, in light of the draft code of criminal procedure which provides for the
assistance of a lawyer from the start of the preliminary investigation;
(b)That it be kept informed about any development with regard to its recommendation that statistics be compiled and maintained on
an on-going basis concerning investigations, prosecutions or disciplinary action and be broken down so as to permit precise oversight
of proceedings and outcomes in cases involving alleged ill-treatment by the police and the gendarmerie;
(c)More information on the authorities’ proposal to provide petty cash boxes in places where persons are deprived of their liberty,
with regard to the provision of food to persons in initial custody;
(d)Clarification as to which services conducted the investigations into the allegations of ill-treatment at Dantokpa police station and at
the Gendarmerie of Bohicon, and confirmation that they were independent from the police and gendarmerie stations which were
investigated;
(e)Information about the outcomes of the work of the commission established to review the various challenges in Benin with regard to
treating persons deprived of their liberty in a more humane manner, and propose urgent adequate solutions to address them.
4.Prisons
324.The SPT requests:
(a)Information on whether and how an individual’s financial situation might be taken into account in the setting of bail, the number of
persons granted bail in 2007, and the number of persons who, despite being granted bail, were unable to be released because they
were unable to pay the amount;
(b)Confirmation that the procedure reported by some remand prisoners at Abomey Prison (that, instead of being taken to appear in
court for a prolongation, they were asked to sign a document requesting release), is not in conformity with the law;
(c)The authorities to provide more precise information on the budgetary per capita allowance for daily food provision, and the plans
to increase it;
(d)Further information as to whether the budgetary per capita allocation for prisoners’ food includes funds to pay food providers and
if so, what proportion of the allocation goes to the food providers. It also wishes to receive information as to the procurement
contracts granted to outside providers of food, in particular with regard to quality control of the food provided and any inspections
which the Ministry of Justice conducts of the outside providers;
(e)Copies of any visit reports conducted pursuant to article 62 of Decree No. 73-293 concerning the last three years and
recommendations;
(f)Further information on the death in custody caused by ill-treatment and noted in the mortality register of Cotonou Prison, and in
particular details of any investigation, criminal or disciplinary proceedings and any penal and/or disciplinary sanctions.
5.Co-operation
325.The SPT requests:
(a)Detailed information about the steps they have taken to ensure that no repercussions were experienced after the visit;
(b)Further clarification on matters where sufficient detail was not provided in response to the preliminary observations and subsequent
notes verbales;
(c)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 in this report;
(d)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;
(e)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 in this report;
(f)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.
Annexes
Annex I
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