CAT/C/BEN/CO/2
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Absolute prohibition of torture
7.
The Committee is concerned that there is no clear provision in the State party’s criminal
legislation to ensure that the absolute prohibition against torture is non-derogable (arts. 2
and 15).
The State party should incorporate the principle of absolute prohibition of torture
into its criminal legislation, which should provide that an order from a superior
officer may not be invoked as a justification of torture, and prohibit the use of
confessions obtained through torture.
Obligation to investigate and right to complain
8.
The Committee is concerned about the existing provisions of the Code of Criminal
Procedure on legal proceedings whereby such proceedings may be instituted only at the request
of the Public Prosecutor’s Office, following a complaint by the victim, which is clearly contrary
to article 12 of the Convention (art. 12).
The State party should consider abrogating the system of discretionary prosecution in
order to comply with article 12 of the Convention and to remove all doubt regarding
the obligation of the competent authorities to institute, systematically and on their
own initiative, without a prior complaint from the victim, objective and impartial
inquiries wherever there is reasonable ground to believe that an act of torture has
been committed.
9.
The Committee regrets that persons suspected of having committed acts of torture have
reportedly been protected by Act No. 90-028 of 9 October 1990 granting amnesty for acts, other
than those covered by ordinary law, committed between 26 October 1972 and the date of
promulgation of the Act, and deplores the resulting impunity (art. 12).
The State party should ensure that all allegations of acts of torture and ill-treatment
are investigated, including those committed between 1972 and 1990, set up a truth
commission to shed light on the allegations, and consider abrogating the Amnesty Act
of 1990 with a view to prosecuting and punishing the authors of those acts.
10. The Committee is concerned at the lack of appropriate legislation and of any effective,
independent mechanism to enable victims of torture and ill-treatment to complain and have their
case examined promptly and impartially. The Committee also deplores the lack of victim and
witness protection legislation and mechanisms (arts. 13 and 14).
The State party should establish a fully independent complaints mechanism for
victims of torture and ensure that measures are adopted to afford adequate
protection to all persons who report acts of torture or ill-treatment. The State party
should also enhance the capacity of the standing committee for the compensation of
victims of injury caused by the State, established by Decree No. 98-23 of
29 January 1998.