Criminal justice issues 320.The SPT recommends that: (a)The authorities ensure observance of the principle that release on bail should be the rule, and remand custody the exception and to consider the introduction of legal time limits for proceeding to trial; (b)A concerted strategy be adopted by the authorities to reduce the prison population through a combination of measures, including: Conducting a thorough review of bottlenecks in criminal procedures before the various instances, in order to identify gaps in resources and structural reasons for delays Increasing communication and cooperation between the courts and the prisons to minimize delays in transmitting judgments and orders, and in particular release orders, to ensure that persons are released as soon as the courts so orders Use of non-custodial measures for children, in accordance with Order No. 69-23 of 10 July 1989 relating to judgments of crimes committed by minors Diversion from custody of persons charged with petty offences through the use of other measures (such as caution) or a fine proportionate to the financial means of the individual person Reduction in the number of people remanded in custody through the use of conditional release (liberté proviso ire) in accordance with article 120 of the Code of Criminal Procedure (with or without bail), and article 358 of the Code of Criminal Procedure Respecting legal times for dealing with cases provided for in the Code of Criminal Procedure Release of all remand prisoners who have already been in custody for longer than the maximum prison sentence imposable for the offence of which they stand accused Reduction of the sentenced population through the imposition of community penalties, reparation and restitution Increase in the use of the régime de semi-liberté in accordance with article 574 of the Code of Criminal Procedure Increase in the use of release on license/parole (liberté conditionelle) in accordance with article 580 of the Code of Criminal Procedure (conditional release of sentenced prisoners meeting risk assessment criteria) Commutation of all death sentences so that there is a possibility of review and eventual release (c)In all instances of request for a prolongation, remand prisoners are brought before a court; (d)A permanent system be set up for the regular review of the time served on remand by prisoners in Benin with a view to releasing from custody all who have served time in excess of the maximum term imposable for the offence with which they are charged. Prison records (a)All prisons in Benin be provided with at least one computer, that a standard national database be set up which will enable the authorities to track each detainee, and that this software be also rolled out to the courts, as well as centrally at ministerial level. All users should receive appropriate training; (b)Registers should follow a standard format. The following basic information should be included, at a minimum, and updated daily: the precise date and time of arrival of each detainee in the prison; the legal reasons for their deprivation of liberty and the authority which ordered the detention; any medical visit which was ordered or requested; the date and time of any removal from detention (for example in the framework of a court hearing) and return to the place of detention; the date and time of the transfer to another place of detention or release, and the authority for this transfer or release; and information about the identity of the detainee, including the detainee’s signature and that of the person responsible for any transfer or release. Prisons should record any incidents occurring in prison and action taken, including use of restraints or other restrictions; there should also be a register of all disciplinary proceedings and sanctions, including isolation or segregation. In addition, prisons should keep an inventory of the personal property of the prisoner that is to be held in safekeeping and ensure a receipt is provided to each detainee upon arrival; (c)The system of self-management be subject to careful oversight by the prison administration to prevent abuse and/or corruption. The authorities should take immediate steps to ensure that they effectively and fully assume control of the prisons. Under no circumstances should prisoners be in charge of determining and inflicting disciplinary punishments on fellow prisoners. Prison medical screening (a)All detainees should receive a medical screening on entry to prison, which follows the basic system in place in Cotonou Prison; (b)The authorities introduce systematic medical examination of all newly admitted prisoners and subsequently that the right to see a nurse or doctor (or member of the health staff) upon request is duly respected; (c)Medical examinations be conducted, and medical records maintained, in accordance with the principle of medical confidentiality; non-medical persons, other than the patient, should not be present;

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