CAT/C/BEN/CO/3 despite the fact that the State party, having acceded to the Rome Statute of the International Criminal Court, was barred from concluding such an agreement by virtue of article 98 of the Statute (arts. 6, 7, 8 and 9). 13. In line with the recommendations made by the Committee in its previous concluding observations (paras. 15 and 16), the State party should take the measures necessary to establish and exercise universal jurisdiction. Furthermore, the State party should reconsider the validity of its agreement with the United States of America preventing the transfer or surrender to the International Criminal Court of United States nationals in the territory of Benin. Principle of non-refoulement 14. While taking note of the new provisions of the Code of Criminal Procedure governing extradition, which supplement the provisions of Act No. 86-012 of 26 February 1986 establishing regulations for foreign nationals in Benin, the Committee observes that these regulations predate the Convention’s entry into force for the State party and is concerned about the absence of legal provisions recognizing the principle of nonrefoulement when there is a danger of a person being subjected to torture. While noting the State party’s assurances that extraditions are carried out in a manner consistent with the Economic Community of West African States Convention on Extradition of 1994, which stipulates, in article 5, that the principle of non-refoulement must be respected in cases involving torture or ill-treatment, the Committee is concerned that a number of the bilateral judicial cooperation agreements concluded by the State party are not consistent with article 3 of the Convention (arts. 3 and 7). 15. The State party should ensure that national legislation regulating asylum and expulsion, and all mutual legal assistance agreements to which it is a party, expressly recognize its obligation not to expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture or ill-treatment. Refoulement decisions should be subject to judicial review on a case-by-case basis and should carry a right of appeal that has suspensive effect. The State party should also include in its next report to the Committee information on the number of persons expelled or extradited, specifying to which countries, the number of judicial decisions overruling or cancelling expulsion orders on the basis of the principle of non-refoulement, and any other relevant measures taken. Administration of Justice 16. The Committee takes note of the State party’s efforts, including, in particular: (a) the adoption of a new map of judicial districts providing for the establishment of six new courts; (b) the increase in the number of judges; and (c) the appointment of custodial judges (juges des libertés et de la détention) in all judicial districts in Benin and the establishment of a specialized custody court (chambre des libertés et de la détention) to rule on disputes concerning deprivation of liberty. The Committee remains concerned, however, that: (a) some courts are a long way from any remand facility, which raises issues for the transfer of detainees and their access to justice; (b) the legal aid mechanism is not effective; and (c) there are very few lawyers practicing in Benin (206) and most of them are based in or near the capital, making it difficult for persons involved in judicial proceedings, particularly those with the fewest resources, to secure adequate representation throughout the proceedings. The Committee is also concerned that the Supreme Judicial Council is heavily influenced by the executive branch and that allegations of corruption are undermining confidence in the judicial system (arts. 2 and 13). 17. The State party should: (a) Guarantee effective access to justice for all persons involved in judicial proceedings by strengthening the legal aid system, facilitating access to a lawyer and ensuring that there are remand facilities close to all courts; 4 GE.19-08899