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B. Positive aspects
33.
The Committee takes note with satisfaction of the following elements:
(a)
The standing of the international treaties ratified by Benin under the Beninese
Constitution, which ranks them higher than domestic law;
(b)
The strict prohibition of the practice of torture provided for in article 18 of the
Constitution;
(c)
The ratification by the State party of a set of international treaties relating to
the protection of human rights. The Committee takes note in particular of the signing
on 24 September 1999 of the Rome Statute establishing the International Criminal Court;
(d)
The State party’s commitment to put an end to the large-scale violations of human
rights which took place during the so-called “revolutionary” period and to provide better
protection for human rights through the adoption of legislation and regulations;
(e)
Article 558 of the Code of Criminal Procedure, which appears to be in conformity
with the provisions of article 5, paragraph 2, of the Convention on universal jurisdiction;
(f)
The establishment of the Benin Human Rights Commission and of the
Human Rights Department in the Ministry of Justice and Legislation, by Decree No. 97/30
of 29 January 1997;
(g)
The compensation of some persons who were subjected to torture during the
so-called “revolutionary” period, based on the recommendations of the Interministerial
Commission set up by Degree No. 91-95 of 27 May 1991;
(h)
The improvement of physical conditions in prisons inter alia through the
construction of a new prison with a capacity of 1,000 prisoners.
C. Subjects of concern
34.
The Committee is concerned about the following:
(a)
The absence of a definition of torture strictly in keeping with article 1 of the
Convention, and the lack of specific penalties for the crime of torture, thus creating a gap that
does not allow for the full implementation of the Convention;
(b)
Citizens’ apparent mistrust of the police and justice system and the resulting
recurring problem of mob justice;
(c)
Overcrowding and deplorable physical conditions in prisons, particularly the lack
of hygiene, adequate food or appropriate medical care, despite efforts by the State party and
assistance from non-governmental organizations;