The Observatory shall be composed of five members, at least two of whom shall be women, chosen from among persons meeting the
following requirements:
They are nationals of Benin
They are at least 30 years of age
They are in possession of their civil and political rights
They are of good moral character
They have the required expertise:
In the area of human rights or at least five years’ professional experience in the administration of justice, in particular criminal law,
prison or police administration
In the various fields relevant to the treatment of persons deprived of their liberty
They must be nationals of Benin, at least 30 years old and in possession of their civil and political rights.
Article 5
Membership of the Observatory is incompatible with the performance of any public office, political or professional activity or elected
office.
Article 6
Members of the Observatory shall be appointed, following a call for applications from the Minister of Justice, by a selection panel
made up of the following members:
(a)One member from the National Assembly Law Commission;
(b)One member from the Constitutional Court;
(c)One judicial officer;
(d)One representative of the Bar Council;
(e)One representative of the College of Physicians;
(f)One representative of the President of the Republic;
(g)One representative of non-governmental organizations (NGOs) working in the field of human rights promotion and protection.
The members of the selection panel shall each be appointed by their peers with the exception of the representative of the President of
the Republic.
Article 7
The members of the Observatory thus nominated shall be appointed by decree of the Council of Ministers, upon a proposal by the
Minister of Justice and Human Rights.
Chapter IITerm of office of members of the Observatory
Article 8
Members of the Observatory shall be appointed for a term of five years, renewable once.
However, the terms of the members first taking office shall expire as follows: the terms of three members shall expire at the end of
three years and the terms of the other two members shall expire at the end of five years.
One year after their initial appointment, the names of the three members referred to in the preceding paragraph shall be chosen by lot
by the Secretary General of the Observatory. Their alternates shall be appointed in accordance with the requirements of articles 4, 5,
6 and 7 of this Act.
Article 9
Any public official who is appointed to be a member of the Observatory shall be seconded to it.
Article 10
Before taking office, members of the Observatory shall take the following oath before the Supreme Court:
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