CAT/C/BEN/CO/3
legislative framework for the protection of victims. It reiterates the concern expressed in
paragraph 9 of its previous concluding observations about the impunity seemingly enjoyed
by persons suspected of having committed acts of torture and killings between 1972 and
1990, following the implementation of Act No. 90-028 of 9 October 1990, in violation of
the State’s obligation under the Convention to carry out an investigation (arts. 2 and 12).
27.
The State party should:
(a)
Establish an independent, safe complaints mechanism that is accessible
to victims of acts of torture and ill-treatment and through which their complaints can
be addressed promptly;
(b)
Adopt a legal framework for the protection of victims;
(c)
Conduct thorough and impartial investigations into all allegations of
torture and ill-treatment, including acts committed between 1972 and 1990.
National Human Rights Commission
28.
While taking note of the establishment of the Benin Human Rights Commission and
the appointment of its members, and welcoming the fact that, according to information
provided by the State party, the Commission has recently made unannounced visits to
several places of deprivation of liberty, the Committee remains concerned about
information suggesting that the Commission’s budget is insufficient to guarantee its
efficient operation and independence (art. 2).
29.
The State party should guarantee the Benin Human Rights Commission’s
operational independence by assigning sufficient human and material resources to
enable it to fulfil the mandate conferred upon it in accordance with the principles
relating to the status of national institutions for the promotion and protection of
human rights (the Paris Principles).
National mechanism for the prevention of torture
30.
The Committee notes with concern that, despite having acceded to the Optional
Protocol in 2006 and having received two visits, in 2008 and 2016, from the Subcommittee
on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
which recommended that a national preventive mechanism be established as a matter of
priority, the State party has not yet established such a mechanism. The Committee notes
that the State party’s expressed intention is to have the Benin Human Rights Commission
assume this role (arts. 2 and 11).
31.
The State party should accelerate the process of establishing a national
preventive mechanism, designate it publicly and officially, and promptly inform the
Subcommittee. The State party should also ensure that the mechanism has a
preventive mandate that is consistent with the Optional Protocol and that it has the
independence, staff, resources and budget necessary to effectively fulfil its mandate,
which must include a programme of regular, unannounced visits to all places of
detention in the country.
Treatment of children: Torture, cruel, inhuman or degrading treatment or
punishment and other harmful practices
32.
While noting that the Criminal Code and the Children’s Code both contain
provisions that prohibit acts of torture and cruel, inhuman or degrading treatment or
punishment against children, the Committee remains deeply concerned about the numerous
acts of violence, including sexual violence, that continue to be committed against children
in schools and places of custody and detention. In the vast majority of cases, these acts
continue to go unpunished. The Committee also regrets that children are not separated from
adults in detention and are detained in conditions that fall short of international standards
without access to schooling or other forms of educational activity. The Committee is also
concerned to note that legislation providing protection for children is not adequately
applied and that training and awareness-raising measures addressing actors in the field have
been insufficient to eradicate infanticide, the harmful practices, ill-treatment inflicted upon
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