Representatives of Benin tell committee against torture of efforts to protect rights of detainees, prisoners

CAT
27th session
16 November 2001
Afternoon






The Committee against Torture continued this afternoon its review of an initial report of Benin, hearing of efforts by the Government to overcome a past in which, members of a four-member Government delegation admitted, torture had been widely practised.

Joseph H. Gnonlonfoun, Minister of Justice and Human Rights of Benin, said in response to questions put by Committee members on Thursday morning that many of those queries had focused on the situation between 1972 and 1990, the so-called "revolutionary period" when human-rights offenses had been rampant, and did not pertain to circumstances under the nation's current democracy.

Police officers now had to mention in the office report any detention, the reason for the detention, its duration, the number and duration of interrogations, and the day and hour of release; and the police and relevant judge had to ensure that a doctor could examine a detainee, Mr. Gnonlonfoun said.

Similarly, conditions in prisons had improved although they were far from ideal and overcrowding was still a problem, he said. A new prison was being constructed, food had improved -- prisoners were now assured one hot meal per day -- and in cooperation with a non-governmental organization, expanded health services were being provided.

Vigilante justice was still practised on occasion, the Minister of Justice and Human Rights said, but the Government was taking steps to re-assert the rule of law and to build public confidence in the police.

The report of Benin was introduced on Thursday. The Committee's formal conclusions and recommendations on the situation in Benin will be issued at 3 p.m. on Thursday, 22 November.

Benin, as one of the 126 States parties to the Convention against Torture, is required to present periodic summations to the Committee of national efforts to put the Convention's provisions into effect. Government representatives generally appear before the Committee during the consideration of such reports to answer questions and provide additional information.

The Committee will reconvene at 10 a.m. on Monday, 19 November, to begin consideration of an initial report of Zambia.


Discussion

JOSEPH H. GNONLONFOUN, Minister of Justice and Human Rights of Benin, responding to questions put by the Committee on Thursday morning, said among other things that a number of the queries had seemed to the Government delegation to refer to the so-called "revolutionary period" before 1990, a period that was now past.

A 1990 amnesty mentioned by the Committee had covered political offenses but not common-law crimes, Mr. Gnonlonfoun said; it meant for example that civil servants who had lost their jobs had got them back, had been compensated for lost salary, and had had their career prospects revived. Those who had suffered ill-treatment had been invited as well to bring suits in the criminal courts.

The Constitutional Court had jurisdiction over individual freedoms, he said; the Court was required to bring a decision within 15 days of such a case being brought before it; the Court had acted on cases related for example to violations of detention limits. An annex in the report summarized decisions taken by the Constitutional Court. To date, he said, it was true that no national law defined or outlawed torture, although the Constitution noted that international treaties and conventions ratified by the country had a value superior to the law, which meant that they applied in the country. Hence judges could apply the Convention against Torture in the courts, and the Constitutional Court in fact had adopted decisions along these lines.

There was no law on asylum, but the Geneva Refugee Convention was applied instead, Mr. Gnonlonfoun said. In recent years there had been no extraditions carried out.

Any judicial police officer had to mention in the office report any detention, the duration of the detention, the number and duration of interrogations, and the day and hour of release; the report had to be initialled by the detainee, Mr. Gnonlonfoun said. The report also had to give the reason for the detention. The police and judge had to ensure a doctor could examine a detainee. One policeman had been tried by the judicial authorities a few years ago on torture charges but had been acquitted.

Information campaigns had been carried out on female genital mutilation, and programmes begun to help those who formerly had earned their livings doing these excisions so that they had some other means of income, Mr. Gnonlonfoun said. It was clear that the practice could not be eradicated without providing its practitioners with alternate occupations.

Gendarmes were responsible for law and order in rural communities and villages, he said, whereas the police did this job in urban centres. The military nature of the gendarmes was not important here, as when they acted in police functions they came under the jurisdiction of the Ministry of Justice and not under the military.

Currently, there were eight prisons in the country, Mr. Gnonlonfoun said; one for each of the eight courts. A ninth prison for 1,000 inmates was now being built. Conditions had improved in recent years; food had improved -- at least one warm meal per day had to be served; prisoners were vaccinated; in partnership with an international non-governmental organization (NGO), expanded health care was being provided. Things were far from perfect, but they were better than a few years ago. Overcrowding was still a serious problem, especially in the south of the country. Each prison had separate areas for minors and women. A centre now under construction would house juvenile offenders from the north of the country and would give them the opportunity to learn a trade.

Summary justice had occurred at times, Mr. Gnonlonfoun said; and in one region of the country one man was known as the "Colonel". His twin brother had been kidnapped, tortured, and killed before his eyes. He recruited other people who had suffered at the hands of the same bandits and they had turned into vigilantes and had carried out summary executions. Things grew more and more violent between the bandits and the vigilantes until the Government sent troops to the area and the situation calmed. The "Colonel" had the support of the public in the region, and detaining him and bringing him to justice would be difficult. What was necessary was to re-establish confidence in the rule of law and the gendarmerie in the country. Lately, the "Colonel" had been turning bandits over to the gendarmes when he captured them, and the Government had chosen the course of dialogue with him rather than confrontation. Strange as it seemed, he apparently had helped to re-establish peace in the region.




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