statements from prisoners, the low number of daily consultations, the absence, at Abomey Prison, of health care staff at
weekends or on public holidays, and the fact that approximately half of the detainees who had died during the last three
years had died in prison, and not in hospital. In this regard, the SPT recommends that judicial procedures be established
to consider, on the basis of medical reports, early release, transfer to home or hospital, of prisoners found to have a
terminal illness.
216.As to material conditions, at Abomey Prison, the infirmary was dark and dingy, and the rooms had the appearance of being
unused and with no evidence that patients were actually treated there. The new Akpro-Missérété Prison had a large purpose built
infirmary within the inner prison compound, with four large rooms equipped with tables, chairs, sinks and beds. However, the
infirmary was not being used, as the only nurse assigned to the Prison had requested to be removed from the inner compound to a
much smaller office within the visitors’ block. In Cotonou Prison, the rooms were used but, as noted above, the medicine stores were
largely empty of medication.
217. The SPT recommends that the authorities take action to ensure that prison health care service is fully operational in
every prison, in terms of adequate staffing levels, premises, installations and equipment. There should be appropriate
supervision of the pharmacy and of the distribution of medicines, in order to ensure a constant supply of medicines.
(a)Training of health-care staff
218.The delegation took note of the fact that the healthcare staff at the prisons had not had specific training relating to
prison healthcare, including hygiene, control of epidemics, human rights and forensic medical documentation of injuries.
By way of illustration, whereas in Cotonou Prison there was a special cell for contagious diseases, in fact the room was
kept open and other detainees had access to it. The delegation observed many prisoners with visible signs of medical
problems in the three prisons visited, including numerous skin conditions which can be attributed to the high level of
overcrowding, poor hygiene, poor access to healthcare and the absence of any preventive measures. The SPT
recommends that more emphasis be placed on preventive healthcare measures, such as reducing mosquito breeding
locations, routine disposal of refuse, and mass treatment of scabies infestations, in addition to stricter measures of
hygiene. In this regard, the SPT recommends that the Ministry of Justice and the Ministry of Health develop a specific
training programme for all health care staff prior to and during postings in prisons, in order to ensure that the quality and
appropriateness of health care and health prevention programmes provided by the health care professionals.
219.The SPT notes that article 62 of Decree No. 73-293 provides that a chief doctor is responsible for the sanitary state of prisons
in his area, and that he visits prisons at least every two weeks and makes recommendations. The SPT considers that this could be an
important measure in ensuring that sanitary conditions in prisons are improved, which would in turn reduce the risk of some diseases.
It requests copies of any such visit reports concerning the last three years and recommendations and recommends that the authorities
ensure implementation of the legal provision in practice.
(b)Medical registers
220.At Cotonou Prison, the initial medical examination was recorded in a book in an acceptable manner. However, there was no
specific registration of injuries, nor were all transfers for hospital treatment noted in the appropriate booklet. At Akpro-Missérété
Prison, the nurse maintained some basic statistics on diseases in the prison, using forms from the Ministry of Health which she
obtained through the Direction départementale de Santé. The SPT recommends that the Ministry of Justice institute the
practice of initial examinations and recording of statistics on diseases in all prisons in Benin, and provide appropriate
forms to each health professional. This information will also enable the Ministry of Justice to identify which medicines
should be supplied to prisons. In this regard, the SPT recommends that a standardised list of generic medicines be
established for all prisons. Based on the required list of medication, a budget for healthcare, including preventive
measures, should be established, based upon the actual prison population.
(c)Mortality rates and registers
221.At Cotonou Prison, the delegation was told of the efforts of the director to reduce the mortality rate by exercising
checks for signs of malnutrition; symptoms, such as swollen feet, were noted, indicating that prisoners were
malnourished and/or had not been able to lie down at night. Deaths in prisons or in a hospital were registered
consecutively in a notebook. The content of the notebook was in complete accordance with the list of deaths in custody
which the authorities provided to the delegation. Causes of death ranged across of a broad spectrum of ordinary
diseases, while two deaths resulted from violence: one case of injuries sustained during an escape attempt and one case
from ill-treatment. Neither the notebook, nor the list provided by the authorities, clarify who was responsible for the illtreatment. The SPT requests further information on the death in custody caused by ill-treatment, and in particular details
of any investigation, criminal or disciplinary proceedings and any penal and/or disciplinary sanctions.
222.The delegation also noted that the statistics on deaths in custody did not indicate the age of the deceased. In addition,
uncertainties as to the precision of diagnosis make inferences difficult. Nonetheless, it is clear from the statistics provided that roughly
half of the deaths occurred in the prison, and most resulted from ordinary diseases, including surgical conditions which should have
been treated in a hospital. For example, the prisoners sentenced to death and held at Cotonou Prison reported to the delegation that
a prisoner had died in the cell on 2 January 2006. They had called the nurse on the previous day as an emergency; the nurse came
and left. The prisoner died in the cell the next morning.
223.No registers of death in prison was kept by the nurse at Akpro-Missérété, and the delegation was not provided with
the registers of deaths at Abomey Prison. The SPT recommends that a system be put in place to investigate, notify and
record each and every death in custody.
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