through duly established and recorded disciplinary procedures, about which all detainees should be informed. Disciplinary isolation should not be used for minors (adolescents), nor for mentally ill detainees. Those detainees placed in disciplinary cells retain the same right to access healthcare, and may require extra vigilance from all staff as to their state of health. The SPT also recommends, in the specific context of the prisons visited, that, when detainees are placed in a disciplinary cell for more than 12 hours, they should be given access to the outdoors for one hour each day, and the healthcare staff of the prison should perform daily checks on their health in the disciplinary cell, it being understood that the doctor should act, as always, in the best interests of the health of the prisoner. 247.The delegation was gravely concerned to learn of the inclusion of corporal punishment among the penalties imposed by prisoners on other prisoners. At Abomey Prison male detainees reported that punishment could include beatings on the palms of the hands by other prisoners. 248.At Abomey Prison, even the male adolescent detainees held in a separate unit frankly explained the number of blows with a wooden stick meted out to adolescent detainees for various types of misconduct. The adolescent detainee elected by the others as chief (chef de sécurité) was the most important and slept under the canopy in the yard. He explained the process: If one of the adolescent detainees did not follow the rules, he beat him on the hands with a wooden stick measuring 37 cm: a first offence merited four strokes, and a repeat offence, ten strokes If there was a fight between adolescent detainees, the chief adolescent detainee listened to them both; both were beaten, but the one deemed more culpable had ten strokes and the other five To date the adolescent detainees had not referred any disciplinary matter to the director, but had settled all such matters themselves No adolescent detainee had ever been placed in a disciplinary cell 249.They did not see anything wrong with this use of corporal punishment, which reflected the general culture in the prison. 250. The SPT considers that any corporal punishment is unacceptable and constitutes inhuman and degrading treatment. The SPT recommends that the prohibition of corporal punishment be enshrined in law and that corporal punishment of any kind should never be allowed in practice. 251.When the state deprives a person of liberty, it becomes responsible for that person’s safety. The obligation includes protecting that person from other people in custody. Lack of such protection is a failure in the duty of care, even though managing inter-prisoner violence can be extremely difficult. (b)Weapons and use of force 252.At Abomey Prison, the director reported that the military did not go into the inner prison. The gendarmes did so and were observed to carry rifles. The guard on duty at the visitors’ reception desk, situated immediately outside the inner gate, sat with his rifle over his shoulder. 253.At Cotonou Prison, the director reported that the detached military personnel could be involved in interventions. The director also carried a weapon with him at all times, which was of concern in terms of security of the weapon. Such a practice is not conducive to fostering positive relations between staff and detainees. Preferably, custodial staff should not carry weapons at all. If, nevertheless, it is considered indispensable for them to do so, the SPT recommends that the weapons not be carried in plain view. 254.In addition, the stock of weapons was stored in the director’s office, which is not the appropriate place for weapons within a prison. At Akpro-Missérété Prison, the delegation asked to see the weapons room. The prison authorities only located the keys and opened the safe door after twenty minutes. 255.Except in an operational emergency, prison staff should not carry lethal weapons within the prison perimeter. The SPT recommends that the open carrying of other weapons, including batons, by persons in contact with prisoners be prohibited within the prison perimeter, unless they are required for safety and security in order to deal with a particular incident. (c)Restraints 256.At Cotonou Prison, the delegation observed a number of prisoners in shackles (cuffed at the ankles with metal restraints linked to each other by a rigid metal bar behind the ankles). Reports on the number of prisoners in shackles varied from 11 to 17. Upon inquiry, the delegation was told by prisoners that the shackled prisoners presented particular control problems, some of them having tried to escape. The prisoners in charge had decided that they should be restrained. The delegation was unable to locate any formal record of this or any other use of restraint, although the practice was visible. 257.At Abomey Prison, the director indicated that restraints were not used in the prison, since “they are already in prison”. If a prisoner was deemed to be “dangerous”, he would be handcuffed for escort to the court; the cuffs would be taken off at the courtroom. 258. The SPT recommends that restraints should never be used as punishment and in principle should not be used on prisoners when they are in cells or other secure accommodation. All use of restraints should be the subject of a carefully documented and reasoned process under the authority and control of the prison administration, with procedural safeguards observed in all instances. The SPT also recommends that the use of shackles, chains and irons be prohibited.