322.The SPT requests: (a)Information on the offences provided for in articles 114 (onwards), 119 and 186 of the Criminal Code and statistics on the number of complaints/sanctions imposed as a result of these provisions of the Criminal Code during 2006, 2007 and 2008; (b)Further information for 2006–2008 about the mandate of the Inspection Générale de la Police, the Inspection technique, the Inspection Générale des Forces de Sécurité,and the Direction de la Police; 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; (c)Statistical information on the activities for the past three years of the Department for Civil and Criminal Cases (Direction des Affaires Civiles et Pénales) of the Ministry of Justice with regard to its mandate to receive complaints of ill-treatment by security forces and abuse of garde à vue, as well as more detail on the outcome of such complaints (in particular, and according to the Annual Statistical Report for 2005, on the three complaints lodged for violence by security forces; (d)Copies of any inspection reports of visits undertaken by those bodies whose responsibility includes prison monitoring (including the Supreme Court); (e)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; (f)Copies of the Commissions for the Oversight of Prisons (Commissions de surveillance des prisons) 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; (g)Information as to the resources earmarked for the preventive work of the Human Rights Department (Direction des Droits de l ’ Homme) of the Ministry of Justice 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; (h)Copies of any visit reports produced by the Inspection Générale des Services de la Justice (IGSJ), any recommendations made, and information about any action taken following these visits; (i)Copies of any visit reports undertaken by other departments of the Ministry of Justice which are mandated to visit places of detention (including for example the Direction de la Protection Judiciaire de l ’ Enfance et de la Jeunesse) for the past three years, any recommendations made, and any actions taken following these visits; (j)Information about the content of the offence provided for in article 120 of the Criminal Code, and confirmation of whether it could apply, for example, if a detainee asks to be brought before a judge and the request is not met promptly by prison authorities. It also requests statistical information on the results/outcome of any cases brought under this provision of the Criminal Code since 2005; (k)Further information on the Human Rights Department’s mandate to investigate human rights complaints, details on the complaints investigated, statistical information on the results/outcome of such complaints, and in particular any complaint which resulted from a visit to a place of detention; (l)Further information on the complaints mandate of the IGSJ, the type of complaints it has investigated since 2005, and statistical information on the results/outcome of such complaints; (m)More generally, information on the practicalities of accessing the various complaints mechanisms described, and the ways in which the authorities ensure that persons deprived of their liberty are informed of their rights under the various complaints mechanisms; (n)More information on the practice of prosecutors in monitoring the legality of detention and in receiving complaints, as well as statistical information for 2005–2008 on the results/outcome of such complaints; (o)Information about the number of complaints lodged per year for the last three years before the Constitutional Court, relating to the treatment of persons deprived of their liberty (including the length of garde à vue, conditions of detention, and allegations of illtreatment by officials during such periods), as well as the results/outcomes of such complaints; (p)To be provided with the reports of the President of the Indictments Chamber (Chambre d ’ accusation) on its three monthly visits to prisons, pursuant to article 199 of the Criminal Code, and since 2005; (q)Further information and concrete examples of investigations and sanctions imposed on officers at fault pursuant to articles 183, 200, 201 of the Code of Criminal Procedure and related procedures before the Indictments Chamber for the years 2005–2008; (r)Further information and concrete examples of investigations and sanctions imposed on officers pursuant to article 551 of the Code of Criminal Procedure for the years 2005–2008; (s)Information on how Benin intends to ensure that access to a lawyer is guaranteed to all persons who are deprived of their liberty, including those who cannot afford to retain a lawyer, in light of the draft code of criminal procedure, which provides for the assistance of a lawyer from the start of the preliminary investigation; (t)Confirmation that the right for a detainee to be informed by the investigating judge of his right to a lawyer during the first hearing before the judge (article 98 of the Code of Criminal Procedure) is indeed notified to all detainees by the judge.

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