lawyer and a doctor of one’s choice and to contact family members, and should also include the
principle of presumption of innocence and the obligation to inform all arrested persons of their right to
receive legal assistance.
Administration of justice
(13) The Committee notes with concern that the information received reveals flaws in the State party’s justice
administration system. There are allegations of widespread corruption among 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).
The State party should take appropriate measures to grant all NGOs permanent access to detention
facilities, pursuant to the undertaking given by the delegation on this subject. The State party should
also take the necessary steps to adopt the bill on the national prevention mechanism and to accelerate
the process of its establishment.
9