“ I swear that I will discharge my duties faithfully and with probity and perform them with impartiality in accordance with
the law. ”
Chapter IIITermination of membership of the Observatory
Article 11
Membership of the Observatory shall be terminated by death, resignation or loss of mandate in the event of serious breach of the
provisions of this Act in accordance with the stipulations of the rules of procedure of the Observatory.
The seriousness of the misconduct shall be explicitly recognized by the members of the Observatory by a simple majority of the other
members. In this case, dismissal is automatic.
Article 12
In the event of loss of mandate, resignation or death of a member of the Observatory, he or she shall be replaced within 30 days.
The new member shall be appointed in accordance with articles 4, 5 and 6 of this Act.
Title IIIPowers, organization and operation of the Observatory
Chapter IPowers of the Observatory
Article 13
The Observatory is authorized to:
(a)Carry out periodic, scheduled or unannounced visits to all places of detention;
(b)Examine the situation of persons deprived of their liberty in such places with a view to strengthening, if necessary, their protection
against torture and other cruel, inhuman or degrading treatment or punishment;
(c)Within the sphere of its powers:
Issue opinions and make recommendations to the competent authorities
Submit proposals and observations concerning existing or draft legislation
(d)As part of its activities, cooperate with national, regional and international mechanisms.
Article 14
Places of detention shall be understood to mean any place under the jurisdiction or control of the Republic of Benin where persons
are or may be deprived of their liberty either by virtue of an order given by a public authority or at its instigation or with its consent or
acquiescence.
Article 15
Deprivation of liberty shall be understood to mean:
1.Any form of detention;
2.Any form of imprisonment;
3.The placement of a person in a public or private custodial setting.
Chapter IIOrganization
Article 16
The Observatory shall have a General Secretariat headed by a Secretary General.
The rules of procedure of the Observatory shall establish the rules for the recruitment of the Secretary General and other members of
staff, their remuneration, and the organization and operation of the General Secretariat.
Article 17
The Observatory may, if it deems necessary, have recourse to experts for specific assignments.
Such experts shall act on the instructions and under the responsibility of the Observatory. They must have specific expertise and
experience in matters falling within the mandate of the Observatory. Experts and interpreters shall be bound by an obligation of
confidentiality.
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