United Nations
CAT/OP/BEN/1
Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment
Distr.: General
15 March 2011
Original: English
Subcommittee on Prevention of Torture
Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment to Benin * , **
Contents
Paragraphs Page
Preliminary remarks1–53
Introduction6–164
I.Development of the National Preventive Mechanism17–255
II.Formal safeguards against ill-treatment26–557
A.Legal framework – primary legislation and codes27–307
B.Institutional framework – systems for complaints, monitoring and legal aid assistance31–558
III.Situation of persons deprived of their liberty56–30213
A.In gendarmeries and police facilities56–14513
B.In prisons146–30229
IV.Cooperation303–31655
A.Facilitation of the visit30355
B.Access304–30955
C.Repercussions of the visit310–31256
D.Dialogue with feedback/responses of the authorities313–31657
V.Summary of recommendations and requests for information317–32457
A.Recommendations317–32057
B.Requests for information321–32567
Annexes
I.List of places of deprivation visited by the delegation72
II.List of officials and others with whom the delegation met73
III.Draft legislation on the national preventive mechanism77
IV.Preliminary guidelines for the development of national preventive mechanisms84
Preliminary remarks
1.The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter ‘SPT’)
was established following the entry into force in June 2006 of the Optional Protocol to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter ‘OPCAT’). The SPT began work in February 2007.
2.The aim of the OPCAT is “to establish a system of regular visits undertaken by independent international and national bodies to
places where people are deprived of their liberty”, in order to prevent ill-treatment. The term ill-treatment is used in its generic sense
and encompasses torture and other cruel, inhuman or degrading treatment or punishment. It should be interpreted in its widest sense,
to include inter alia ill-treatment arising from inadequate material conditions of deprivation of liberty. The SPT has two pillars of