COMMITTEE AGAINST TORTURE STARTS CONSIDERATION OF REPORT OF BENIN

The Committee against Torture this morning started its examination of the second periodic report of Benin on how that country is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Gustave Anani Cassa, Minister of Justice and Human Rights of Benin, presenting the report, said Benin had been improving the framework of law and institutions, and was taking steps to implement international legal instruments in human rights. The formal definition of torture under the Convention’s Article 1 had not yet been incorporated in domestic law, but other legal measures provided a degree of protection for victims of torture. In recent years, specialized units of the police as well as local officials and magistrates had received improved human rights training. Sanctions were in force against police officers who violated the law.

Guibril Camara, the Committee Expert who served as Country Rapporteur for the report of Benin, said States parties were committed to ensure that all acts that constituted torture be criminalized and penalized in national law. It was difficult to see how such commitments could be respected without a definition of torture.
He said Article 2 of the Convention prohibited all acts of torture and it was difficult to see how self-defence, for example, could be invoked as grounds for exoneration. He was also concerned about compliance with Article 3, which said no State party should expel a person to a State where they were likely to be subjected to torture. There were also some surprising statements in the report about rights of appeal, rights of residence and expulsion orders, all of which seemed at odds with Articles of the Convention.

Essadia Belmir, the Committee Expert acting as Co-Rapporteur to the report of Benin, said much had been achieved in Benin in a wide range of areas, but there were gaps. There did not seem to be adequate legal guarantees, or adequate systems of appeal, especially regarding individuals without papers, against expulsion. Insufficient numbers of judges had been mentioned in the report. What were the statistics and what strategy was being developed to address this, and issues of corruption and sluggishness in the system?

Other Experts were concerned about the human rights education curriculum for police, investigations into corruption, the procedures used for prison visits, and whether non-governmental organizations might enjoy fuller freedom to visit those in detention. Poor treatment of children remained a concern. Had anyone been prosecuted for child trafficking, in or outside Benin? What were the figures on complaints, cases and convictions on mistreatment of children? What figures on rape and female genital mutilation were available?

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.

When the Committee reconvenes in public this afternoon at 3 p.m., it will hear the replies of Portugal to questions posed by the Committee on Wednesday, 14 November on that country’s fourth periodic report (CAT/C/67/Add.6).


Report of Benin

The fourth periodic report of Benin states that although Benin has not incorporated a definition of torture into its legislation, other crimes resembling torture as defined in the Convention Against Torture were punishable under Beninese law. It cites some of the punishments that may be imposed on public officials guilty of excessive use of violence. The report describes the tasks of the Human Rights Directorate and National Advisory Council on Human Rights. It illustrates the procedures and Constitutional Court judgments used to tackle excessive use of force in the police.

The report states that foreign nationals enjoy the same rights and freedoms as Beninese nationals under the Constitution, and that extradition arrangements and mutual judicial assistance arrangements with neighbouring States parties are in force. It says that mob justice is on the rise, but the Government has taken further steps to bring guilty parties before the courts.

The report also outlines requirements for the treatment of prisoners or detainees, including obligations under the Criminal Code regarding interrogation and custody, complaints and redress procedures, inadmissibility of evidence obtained under torture, and other issues. But it admits that prison conditions remain very difficult, with overcrowding, poor hygiene, and inadequate medical care and nutrition. The report also discusses compensation for victims of torture at the time of the revolutionary government.


Presentation of the Report

GUSTAVE ANANI CASSA, Minister of Justice and Human Rights of Benin, presenting the report, said Benin had been improving the framework of law and institutions, and was taking steps to implement international legal instruments in human rights. He outlined the political context and administrative and legislative developments, including the strategic frameworks for poverty reduction, growth and human rights protection. Human rights were enshrined in the 1990 Constitution.

The formal definition of torture under Convention Article 1 had not yet been incorporated, but other legal measures provided a degree of protection for victims of torture. National bodies existed to ensure application of international instruments, and to promote consultation between the Government and non-governmental organizations. In recent years, specialized units of the police as well as local officials and magistrates had received improved human rights training. Sanctions were in force against police officers who violated the law.

Mr. Anani Cassa said with regard to the treatment of detained or imprisoned persons, efforts were being carried out by the authorities to ensure respect of the time limits for detention. Penal and disciplinary sanctions were used to punish police officers who violated the rules. Efforts had also been carried out to improve conditions in detention. New prisons had been built, others had been renovated or cleaned up. Despite these measures, difficulties persisted. To absorb some of the overcrowding and to improve treatment of prisoners, a civil prison with 1,000 places was being constructed in Akpro-Misserete, in Oueme region. Benin had also ratified the Optional Protocol on the Convention and was actively pursuing a national Mechanism for Torture Prevention.


Questions and Issues raised by Committee Experts

GUIBRIL CAMARA, the Committee Expert acting as Country Rapporteur for the report of Benin, said the Committee recommended in 2001 that a definition of torture in line with Article 1 be included in Benin’s Penal Code. This was a recommendation the Committee made to all States, and it was necessary to assist in establishing a universal understanding of what was meant by torture. States parties were committed to ensure all acts that constituted torture be criminalized and penalized in national law. It was difficult to see how such commitments could be respected without a definition of torture.

Mr. Camara welcomed the reference to the functions of the Constitutional Court in the report, but was unclear how it operated in relation to unconstitutional acts. He said Article 2 prohibited all acts of torture and it was difficult to see how self defence, for example, could be invoked as grounds for exoneration. He was also concerned about compliance with Article 3, which said no State Party should expel a person to a State where they were likely to be subjected to torture. How were extradition and refoulement settled in the agreements made with neighbouring States? There was no possible derogation on Article 3.

On penalties for civil servants and government officials, what was meant by a “loss of civic rights”? There were apparent conflicts concerning the treatment of foreigners, and a risk that too much power was vested in the police in handling refugees at points of entry. There were also some surprising statements about rights of appeal, rights of residence and expulsion orders which seemed at odds with Articles of the Convention.

Mr. Camara had doubts about the impartiality of the legal system regarding complaints of torture. He added that there were inconsistencies in the approach to inadmissibility of evidence obtained under torture.

ESSADIA BELMIR, the Committee Expert acting as Co-Rapporteur for the Report of Benin, said much had been achieved in a wide range of areas, but there were gaps. There was no clear idea on the direction in which Benin was moving regarding the definition of torture. There were problems with complaints follow-up by the Constitutional Court. These underscored the need for a text in compliance with Article 1. On loss of civic rights, was this a penalty in itself, or a substitute for a penalty? On counter terrorism, the State party claimed there were no human rights implications over anti-terrorism provisions. The Committee would like reassurance on this, she said.

On extradition, the State Party ought to be aware of the difference between a law and a convention, and there did not seem to be adequate legal guarantees, or adequate systems of appeal, especially regarding individuals without papers, against expulsion. On legal proceedings, was there a disposition concerning “presumption of innocence” in the legal system? Ms. Belmir asked how the Government Prosecutor arrived at decisions to release detainees? Was there right of recourse for victims in such a situation?

The popular reaction to slow-moving judicial and administrative procedures was mob justice. The planned Criminal Code would not actually criminalise this phenomenon. Was this sufficient to provide for the security of the population? How could progress be made to eradicate this phenomenon?

Ms. Belmir asked about the use of the straitjacket, and about prison overcrowding, poor facilities and medical provision of facilities for women, especially pregnant women, in Beninese jails. Insufficient numbers of judges had been mentioned in the report. What were the statistics and what strategy was being developed to address this, and issues of corruption and sluggishness in the system.

Women and children did not seem to enjoy the full range of rights as provided for under the Convention, notably on domestic violence, the age of criminal responsibility and other questions. Redrafting of legal instruments was a golden opportunity to address these shortcomings. She also asked about Benin’s programme for outlawing the death penalty.

Other Experts raised further questions on a range of topics. Did human rights education in the police and gendarmerie include participation by civil society, academic groups and non-governmental organizations (NGOs)? Was training based on legal matters or did it cover implementation, use of sanctions and individual case study lessons? What investigations had been made into corruption? Were there statistics? An Expert asked about the procedure used for prison visits, and whether the confiscation of food or similar items by prison officers was a problem, and whether NGOs might enjoy fuller freedom to visit those in detention.

Poor treatment of children remained a concern. What were the figures on complaints, cases and convictions? What figures on rape and female genital mutilation were available? Had anyone been punished for female genital mutilation? Was there a National Institute for Human Rights? Was the Benin Human Rights Commission created in line with the Paris Principles? What kind of gender focus was provided both in training and in legal procedure? Was the lower age limit for army service in line with international stipulations? What was being done to tackle child prostitution? An Expert asked whether there had been interaction with other African human rights mechanisms, or complaints regarding torture in Benin.

Had there been any attempt to control or formalise migration, for example to Europe, an Expert asked? Had anyone been prosecuted for child trafficking, in or outside Benin? One Expert had noted reported instances of police brutality. It was said these actions were widespread. What measures were there to obtain statistics, and indeed to develop criminal statistics generally? The report mentioned the arrest of a lynch-mob leader and a subsequent decline in cases of lynching. What were the figures? How could local capacity be developed to control the mob violence issue?

Another Expert agreed with the need to focus on the definition of torture, a law on the Criminal Code, corruption, women’s rights and other priorities. He also asked about witness protection, bribery and corruption problems, and legal aid. There had been progress, he said, but the report lacked detail on factors that led to non-implementation of the Committee’s previous recommendations.



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