CAT/C/BEN/CO/3
(a)
Ensure the effective implementation of Act No. 2011-26 of 9 January
2012, and thoroughly investigate all cases of violence against women, so as to ensure
that the perpetrators are prosecuted and duly punished and that victims obtain
redress;
(b)
Organize mandatory training on the prosecution of acts of sexual and
gender-based violence for all law enforcement and judicial officers and carry out
awareness-raising campaigns;
(c)
Ensure that all victims of sexual and gender-based violence are able to
access shelters and receive the necessary medical care, psychological support and legal
assistance;
(d)
Collect statistical data on the number of complaints received and the
number of convictions and criminal penalties handed down in relation to those
complaints, and share them with the Committee in its next periodic report.
Training
38.
While taking note of the State party’s efforts to raise awareness and provide training
about human rights, the Committee regrets the lack of precise statistical information about
the recipients of such training. It also regrets the fact that training provided for public
officials does not include instruction on the provisions of the Convention, particularly the
absolute prohibition of torture, and on the guidelines for the detection of signs of torture or
ill-treatment based on the standards set out in the Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (the Istanbul Protocol) (art. 10).
39.
The State party should enhance its training on the absolute prohibition of
torture and its training programmes for officials likely to be involved in monitoring,
questioning or handling persons deprived of their liberty. In particular, it should
ensure that the programmes include ongoing training covering the Convention’s
provisions, non-coercive investigatory techniques and the Istanbul Protocol. The State
party should also establish methodologies for assessing the impact of its training
courses in helping to reduce the number of cases of torture and ill-treatment.
Redress
40.
The Committee takes note of the following legislative provisions establishing the
right to redress: (a) articles 206 to 210 of the Code of Criminal Procedure relating to
wrongful detention on remand or in police custody, notably article 209, which provides for
the establishment of a compensation committee in such cases; (b) Decree No. 98-23 of 29
January 1998 providing for the establishment of a standing committee for the compensation
of victims of injury caused by the State; and (c) articles 286, 206 and 135 of the Children’s
Code, which provide for redress, reintegration and the establishment of child and
adolescent protection centres, respectively. However, the Committee regrets that it has not
been provided with any statistical information that might enable it to assess the scope or
effectiveness of such measures in practice (art. 14).
41.
The Committee recalls its general comment No. 3 (2012) on the implementation
of article 14 by States parties and urges the State party to:
(a)
Take the necessary legislative and administrative measures to ensure
that victims of acts of torture and ill-treatment have access to effective remedies and
can obtain redress, including in cases where the perpetrator has not been identified;
(b)
Conduct a comprehensive assessment of victims’ needs and ensure that
specialized rehabilitation services are promptly available;
(c)
Provide the compensation commission for wrongful detention on remand
or in police custody with the resources necessary for its effective operation;
(d)
Ensure that the standing compensation commission established by
Decree No. 98-23 of 29 January 1998 is operationally active;
GE.19-08899
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