- 21 (d)
The lack of attention paid to human rights, especially to the prohibition of torture,
in training programmes for civilian and military law enforcement personnel and medical
personnel, despite positive initiatives by the Benin Human Rights Commission and the Human
Rights League.
(e)
The possibility, under article 18 of the Constitution, of extending police custody
for up to eight days in exceptional cases;
(f)
The existence in Beninese legislation of legal provisions (arts. 327 and 328 of
the Criminal Code) exonerating anyone found guilty of offences or crimes when such acts
were ordered in accordance with the law or by a legitimate authority or were committed in
self-defence, which is contrary to the provisions of article 2, paragraph 2, of the Convention with
regard to torture;
(g)
victims;
(h)
The lack of medical and psychological rehabilitation programmes for torture
The possibility of keeping female detainees incommunicado for three months;
(i)
The danger that the Amnesty Law, adopted prior to the adoption of the
Convention against Torture, might give rise to a situation of impunity.
D. Recommendations
35.
The Committee makes the following recommendations:
(a)
In order genuinely to fulfil its treaty obligations, the State party must adopt a
definition of torture that is fully in keeping with article 1 of the Convention and must provide for
appropriate penalties;
(b)
Measures must be taken to establish regulations on the right of torture victims to
fair and adequate compensation from the State and to set up programmes for victims’ physical
and psychological rehabilitation;
(c)
The State party should adopt the necessary legislative measures to bring the
provisions of the Criminal Code into line with article 2 of the Convention;
(d)
The State party should strengthen human rights education and promotion
activities, particularly on the prohibition of torture, for law enforcement officials and medical
personnel;
(e)
The State party should take measures to eradicate the practice of mob justice;
(f)
The Committee reminds the State party of its obligation to conduct immediate and
impartial investigations and to prosecute persons suspected of human rights violations,
particularly torture;
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