CAT/C/BEN/CO/2
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judges and police and gendarmerie officers. The Committee is also concerned about the current
provisions of the Code of Criminal Procedure empowering the public prosecutor to remove a
judge from a case, which jeopardizes the independence of the judiciary (arts. 2 and 12).
The State party should take the necessary steps to remedy the shortcomings in the
administration of justice, for instance by allocating adequate resources and
continuing its efforts to combat corruption. It should also take steps to address the
insufficient number of judges and consider reviewing the country’s map of judicial
districts. The State party should take effective measures to make the judiciary fully
independent, in accordance with the related international standards.
14. The Committee regrets that, under Beninese criminal law, a minor aged over 13 may be
sentenced to deprivation of liberty.
The State party should take the necessary measures to raise the age of criminal
responsibility to an internationally acceptable level.
Universal jurisdiction
15. The Committee is concerned about the existing provisions of the Code of Criminal
Procedure which do not enable the State party to establish and exercise its jurisdiction over acts
of torture in accordance with the provisions of the Convention (arts. 6 and 8).
The State party should take the necessary measures to establish and exercise its
jurisdiction over acts of torture when the alleged author of the offence is in Benin,
either to extradite or to prosecute him or her, in accordance with the provisions of the
Convention.
16. The Committee is concerned about information regarding the existence of an agreement
between Benin and the United States of America whereby United States nationals in the territory
of Benin cannot be transferred to the International Criminal Court to be tried for war crimes or
crimes against humanity (art. 9).
The State party should take appropriate measures to review the terms of this
agreement which prevents the transfer of United States nationals in the territory of
Benin to the International Criminal Court, in accordance with the provisions of the
Convention.
Systematic review of detention facilities and living conditions in prisons
17. The Committee regrets that, according to information received, some non-governmental
organizations (NGOs) do not have systematic access to detention centres. The Committee takes
note, however, of the undertaking given by the delegation to remedy the situation by granting
NGOs permanent access to detention facilities. While welcoming the bill on the establishment of
a national mechanism for the prevention of torture and other cruel, inhuman or degrading
treatment or punishment, the Committee regrets that no systematic inspection mechanism is
currently operational in Benin (art. 11).