CAT/C/BEN/CO/3
The Committee also regrets that no information has been provided about the application of
this principle by judges (art. 15).
9.
The State party should take the necessary measures, including legislative
measures, to ensure that confessions obtained through torture and ill-treatment are
systematically declared null and void, and to ensure that this obligation is met in
practice.
Fundamental safeguards
10.
The Committee welcomes the fundamental safeguards contained in the Code of
Criminal Procedure, namely, the right of persons deprived of their liberty to be informed of
the reason for their detention, contained in article 62, and their right to be examined by a
doctor of their choice, to inform and receive visits from a family member and to appoint a
lawyer, contained in article 59. It regrets, however, that, in practice, the aforementioned
information is not always provided to defendants; that the majority do not have the means
to appoint a lawyer; and that deprivation of liberty is not systematically recorded in
logbooks. The Committee further notes that the maximum duration of police custody can be
extended for up to eight days by the Public Prosecutor. Although the Constitutional Court
of Benin has the power to review custody orders, the Committee considers eight days to be
too long, as it exposes defendants to a heightened risk of torture or ill-treatment (art. 2).
11.
The State party should:
(a)
Take the necessary measures, including legislative measures, to ensure
that, irrespective of the charges, the maximum duration of police custody does not
exceed 48 hours, renewable once only in duly justified exceptional circumstances, in
the light of the principles of necessity and proportionality;
(b)
Guarantee that all persons deprived of their liberty are afforded, in
practice, all fundamental legal safeguards from the outset of their deprivation of
liberty, including, specifically, that they are informed immediately of the charges
against them; have prompt access to a lawyer or to free legal aid throughout the
proceedings; can inform a relative or another person of their choice about their
detention or arrest; can receive a medical examination from an independent doctor;
and have their deprivation of liberty recorded in logbooks at all stages of their
proceedings;
(c)
Guarantee detainees’ right to be brought before a judge after 48 hours of
police custody, at the very latest, or to be freed, and to challenge the legality of their
detention at any stage of the proceedings;
(d)
Continue its efforts to improve knowledge and awareness among police
officers and gendarmes, with a view to ensuring that persons held in custody are
informed of all their rights, in all places and in all circumstances;
(e)
Continue its efforts to ensure that all prisons are provided with a
computerized central registry, and that, in the meantime, existing logbooks are
properly maintained;
(f)
Guarantee that all public officials respect fundamental legal safeguards
and provide information in its next report to the Committee on the number of
complaints received regarding a failure to respect fundamental legal safeguards and
on the outcome of such complaints.
Universal jurisdiction and judicial cooperation
12.
The Committee is concerned about the lack of provisions in the criminal legislation
of Benin that would enable the State party to establish universal jurisdiction. Moreover,
while welcoming the adoption of legislation that provides for cooperation between Benin
and the International Criminal Court, the Committee regrets that an agreement concluded
between Benin and the United States of America, whereby United States nationals in the
territory of Benin cannot be transferred or surrendered to the International Criminal Court
to be tried for the most serious international crimes including torture, remains in effect,
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