(f)Hearing of 11 January 2010
Case No. 004/PG/02 against one Judicial Police officer: found guilty of illegal detention and given a warning without a note being
made in his file.
Case No. 079/PG/03 against one Judicial Police officer: found guilty of illegal detention.
Case No. 007/PG/04 against two Judicial Police officers: one found guilty of illegal detention; charges against the other were
dismissed.
Case No. 029/PG/04 against three Judicial Police officers: declared guilty of physical abuse and inhuman and degrading treatment.
Case No. 110/PG/04 against one Judicial Police officer: charged with inhuman and degrading treatment.
Case No. 023/PG/05 against one Judicial Police officer: charged with illegal detention and given a warning.
Case No. 148/PG/05 against four Judicial Police officers: one was retired from service, annulling grounds for proceedings; another
was found guilty of illegal detention and given a warning without a note being made in his file.
Case No. 083/PG/03 against two Judicial Police officers: one was retired from service; the other two were found guilty of illegal
detention and given a warning without a note being made in their file.
Case No. 073/PG/04 against two Judicial Police officers: found guilty of illegal detention.
Case No. 028/PG/05 against four Judicial Police officers: two are in the Congo, one retired from service and the fourth died.
Case No. 075/PG/04 against three Judicial Police officers: found guilty of illegal detention.
18.Further information and concrete examples of investigations and sanctions imposed on officers
pursuant to article 551 of the Code of Criminal Procedure for the years 2005–2008
51.Information and statistics on these matters are not available.
19.Information on how Benin intends to ensure that access to a lawyer is guaranteed to all
persons who are deprived of their liberty, including those who cannot afford to retain a lawyer, in
light of the draft Code of Criminal Procedure, which provides for the assistance of a lawyer from
the start of the preliminary investigation
52.This issue has been taken into account in the reform of the Code of Criminal Procedure.
20.Confirmation that the right for detainees to be informed by the investigating judge of their right
to a lawyer during the first hearing before the judge is indeed notified to all detainees
53.Confirmed by the investigating judges.
C.Gendarmeries and police stations
54.The Subcommittee requests:
1.Information on how the authorities intend to increase the number of qualified lawyers and what
training will be offered to lawyers regarding the specificities of police and gendarmerie work, in
light of the draft Code of Criminal Procedure which provides for the assistance of a lawyer from
the start of the preliminary investigation
55.Competitive examinations to obtain the Certificate of Aptitude for Exercising the Legal Profession (CAPA) are held periodically.
Lawyers also receive continuous professional development training in specific subjects and procedures, as do other members of the
legal system.
2.That it be kept informed about any development with regard to its recommendation that
statistics be compiled and maintained on an ongoing basis concerning investigations, prosecutions
or disciplinary action and be broken down so as to permit precise oversight of proceedings and
outcomes in cases involving alleged ill-treatment by the police and the gendarmerie
56.No new developments to report.
57.Benin welcomes the recommendation.
3.More information on the authorities’ proposal to provide petty cash boxes in places where
persons are deprived of their liberty, with regard to the provision of food to persons in initial
custody