COMMITTEE AGAINST TORTURE HEARS RESPONSE OF BENIN
The Committee against Torture this afternoon heard the response of Benin to questions posed by the Committee on how that country is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
In response to questions raised by Committee Experts on Thursday, 15 November, the delegation of Benin, headed by Gustave Anani Cassa, Minister of Justice and Human Rights, said self-defence could no longer be used to justify acts violating individual freedoms. On “loss of civic rights”, the delegation said this meant withdrawal of civic and political rights, and was an additional punishment.
As far as extradition was concerned, Benin would not extradite persons to countries where they had been or might be subject to torture or other cruel or degrading treatment, nor to countries where they might not receive a fair trial or minimum guarantees set out in the African Human Rights Charter. Extradition, refoulement or expulsion in relation to third countries required certain formalities including consent of the State handing over the person concerned.
If it were established that confessions were obtained under torture, judges would suppress the statements and order an inquiry to establish the true facts. The delegation said appeals and claims against individuals for abuse of authority were covered by laws of 2001. These organized the judiciary so as to make settlement of disputes the responsibility, firstly, of Courts of First Instance, and subsequently, Courts of Appeal.
On mob justice, despite government efforts, there was still a problem and there was a need for in depth consideration of what measures could be introduced, delegates said.
Civil society took part in human rights awareness programmes, and the participation of philosophy professors had been established at the request of the Minister of Education. The delegation said corruption in the police had been the subject of several inquiries and disciplinary or penal sanctions had been imposed. The principle of prison visits was designed to provide feedback to the authorities on tackling problems of corruption in prison facilities.
Guibril Camara, the Committee Expert acting as Country Rapporteur for the report of Benin, was concerned about separation of powers between a prosecutor and a sitting judge. He said the delegation had confirmed that there were extradition agreements with some countries, but what if a request came from a country with which Benin did not have an extradition agreement? On steps taken in response to evidence obtained through torture, Mr. Camara said he was not convinced by the delegation’s arguments.
Essadia Belmir, the Committee Expert acting as Co-Rapporteur to the report of Benin, said she was concerned about impunity. There were victims of political repression who called for light to be shed on disappearances, assassinations and the like. Alarm bells had been rung by some non-governmental organizations on prison conditions. Who dictated the laws in the prison administration? Infanticide was a traditional practice but it was an illegal act and social opposition had to be mobilized. State officials also carried out abusive practices against children, notably street children, and there had to be a plan to tackle this.
Other Experts asked about flags of convenience on ships where torture may be carried out, training of prison guards and whether more support was needed, and questions in relation to the management of migration trends.
The Committee will submit its concluding observations and recommendations on the report of Benin towards the end of its session on Friday, 23 November.
The delegation of Benin also included the Head of the Human Rights Promotion Division, and representatives from the Permanent Mission of Benin in Geneva.
As one of the 145 States parties to the Convention against Torture, Benin is obliged to provide the Committee with periodic reports on the measures it has undertaken to fight torture.
The Committee will meet in private until Friday, 23 November when it will issue its observations and recommendations on the reports which it has considered this session before it closes the session.
Response of Benin
Responding to the questions raised by Committee Experts on Thursday, 12 November, the delegation of Benin, headed by GUSTAVE ANANI CASSA, Minister of Justice and Human Rights, said the delegation took due note of the Committee’s concerns on the definition of torture in law and undertook to incorporate the definition in the Convention into national statutes.
On the Constitutional Court’s decisions on unconstitutional acts, victims could bring matter before competent courts and obtain redress. There were disciplinary and penal sanctions.
Regarding self-defence and grounds for exoneration, this could no longer be used to justify acts violating individual freedoms. On “loss of civic rights”, the delegation said this meant withdrawal of civic and political rights, and was an additional punishment.
Benin took note of the Committee’s concerns over Article 12 and the need to start proceedings without awaiting victims’ complaints. The legal shortcomings would be addressed, the delegation said.
As far as extradition was concerned, Benin would not extradite persons to countries where they had been or might be subject to torture or other cruel or degrading treatment, nor to countries where they might not receive a fair trial or minimum guarantees set out in the African Human Rights Charter. Extradition, refoulement or expulsion in relation to third countries required certain formalities including consent of the State handing over the person concerned, an original arrest warrant or similar document, and copies of legal references and penalties, and other information on the nationality and location of the person. Extradition was ordered by the Appeals Court and effected by a government decree.
If it were established that confessions were obtained under torture, judges would suppress the statements and order an inquiry to establish the true facts.
Regarding handing over nationals to another country, as in the case of Nigeria cited by the Committee, judges went on strike in protest and the pressure thus placed on the executive allowed the return of the person concerned to Benin.
On mob justice, despite government efforts, there was still a problem and there was a need for in depth consideration of what measures could be introduced, delegates said.
The delegation was unable to provide statistics on trials handled by the courts. Lack of technical capacity was to blame for the situation. On corruption and slowness in judicial proceedings, the Beninese authorities were providing for enhanced independence and accountability of judges, in a plan entrusted to the General Inspectorate for Judicial Services.
The delegation said appeals and claims against individuals for abuse of authority were covered by laws of 2001. These organized the judiciary so as to make settlement of disputes the responsibility, firstly, of Courts of First Instance, and subsequently, Courts of Appeal.
The delegation said children’s rights required greater efforts, and noted the Committee’s recommendations on a children’s rights observatory.
The death penalty debate had been taken up and a multidisciplinary committee was working on a text. The Ministry of Justice had undertaken to align domestic law with international instruments in this respect.
A framework for a debate by the State and non-governmental organizations (NGOs) was provided for in the form of the national Consultative Council on Human Rights. There were procedures by which NGOs received accreditation for membership of the Council.
Civil society took part in human rights awareness programmes, and the participation of philosophy professors had been established at the request of the Minister of Education.
The delegation said corruption in the police had been the subject of several inquiries and disciplinary or penal sanctions had been imposed. The principle of prison visits was designed to provide feedback to the authorities on tackling problems of corruption in prison facilities. NGOs had access to places of detention and had standing authorization from the Minster of Justice to carry out inspections.
Beninese case law recognised rape as a crime and perpetrators were punished.
There was an Institution of Human Rights and Democracy in Benin. The Beninese Commission of Human Rights was, however, no longer functional.
There were programmes to raise awareness with a view to eradicating female genital mutilation. Psychological counseling and reconstructive surgery would come in at a later stage. The minimum age for armed service was 18 years. In the context of the African Human Rights Commission, there had been complaints against Benin in 2002. Benin was working with the Swiss and French Governments on cooperative measures to manage irregular entry and repatriation.
Questions and Observations by Committee Experts
GUIBRIL CAMARA, the Committee Expert acting as Country Rapporteur for the Report of Benin, was concerned about the separation of powers between a prosecutor and a sitting judge. There might be conflicts over the prosecutor taking on cases that were being investigated by someone else. There might be political influence involved, he said.
The delegation had confirmed that there were extradition agreements with some countries, but what if a request came from a country with which Benin did not have an extradition agreement? On steps taken if evidence was obtained through torture, Mr. Camara said he was not convinced by the arguments. The answer was too short to make the position clear.
On responsibility of magistrates, he was concerned about substantive independence being undermined by the threat of disciplinary sanctions against judges. He remained unclear on NGO access to detention facilities. Some NGOs said they had no access, others said that they had limited access. He hoped for more detailed answers on this.
ESSADIA BELMIR, Committee Expert acting as Co-Rapporteur for the Report of Benin, said civil society should be involved in drafting any texts on the definition of torture. She also asked for a clearly established relationship between judges and the prosecutor.
She was concerned about impunity. There were victims of political repression who said light should be shed on disappearances, assassinations and the like. Some of those accused had gone on to receive medals. Alarm bells had been rung by some NGOs on prison conditions. Who dictated the laws in prison administration?
Infanticide was a traditional practice but it was an illegal act and social opposition had to be mobilized. State officials also carried out abusive practices against children, notably street children, and there had to be a plan to tackle this.
Other Experts asked about flags of convenience on ships where torture may be carried out, training of prison guards and whether more support was needed, and questions related to the management of migration trends.
ANDREAS MAVROMMATIS, Chairperson of the Committee, said ten years was a long time to wait for the report. He said he would like to hear something about violence against women, and suggested that the burden of proof in cases of confession possibly extracted under torture should shift to the prosecution.
Response of the Delegation
In response, GUSTAVE ANANI CASSA, Minister of Justice and Human Rights of Benin, said the Government of Benin noted the observations of the Committee. On Article 13 of the Code of Criminal Procedure, he said Benin had undertaken to do its part objectively, and would endeavour to remedy the situation. He added that the Government was doing all it could to regularize outstanding issues regarding authorization for visits by non-governmental organizations. There had been progress on impunity. The judicial police was striving to punish those guilty of female genital mutilation but further legislation was needed. Benin was open to any assistance in the form of training.
Another delegate said Benin was determined to control illegal immigration as shown by the progress on agreements with France and Switzerland. Illegal migrants should be returned in a dignified manner. Another argued that relationships between NGOs, civil society and the Government, notably over prison visits, were fast improving. The delegation said there were problems with flying the Benin flag at sea and the problems would be borne in mind during legislative reforms.
Concluding Remarks
In conclusion, ANDREAS MAVROMMATIS, Chairperson of the Committee, said there had been an excellent dialogue, and the presence of a high-level delegation had provided a great opportunity to make direct recommendations.
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