UNCLAS SECTION 01 OF 02 COTONOU 000325

SIPDIS

DEPT FOR AF/W ACOOK; FOR JKNIGHT; FOR DRL/MLGA KRISTEN MCGEEN
LONDON FOR PETER LORD
PARIS FOR BKANEDA

E.O. 12958: N/A
TAGS: PGOV PREL PHUM UN BN
SUBJECT: BENIN: GOB AND CIVIL SOCIETY'S INITIATIVES TO COUNTER
TORTURE

REF: STATE 70129

This cable is a response to reftel.


1. SUMMARY: Pursuant to Article 2 of the UN Convention Against
Torture (CAT), the GOB has taken measures to prevent acts of torture
since it ratified the Convention on March 12, 1992. The GOB has
developed initiatives, including the National Committee to Follow Up
and Implement International Human Rights Instruments, the Human
Rights Office of the Ministry of Justice, and the National Human
Rights Advisory Council. The GOB has not, to date, included a
specific definition of torture in criminal law, which hinders
efforts to effectively fight torture as a criminal offence. National
and international NGOs mostly engage in surveillance and public
awareness campaign efforts; however, acts of torture persist in
various forms. END SUMMARY.

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GOB'S INITIATIVES TO COUNTER TORTURE
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2. By the decree No 96-433 of 4 October 1996, the GOB created, the
National Committee for the Follow Up and Implementation of
International Human Rights Instruments. It provides efficiency
training for committee members. In 1997, the government extended the
Ministry of Justice's responsibility to include the protection of
human rights by creating the Human Rights Office. The Human Rights
Office advances and publicizes human rights through public outreach,
developing national human rights policies, reporting on human rights
and their related tools and documents, and partnering with NGOs to
combat human rights violations. Officials of the Human Rights Office
also protect and defend human rights by integrating international
human rights instruments into internal legislation, visiting prisons
to prevent abusive and arbitrary detention, considering human rights
violation complaints, and protecting the rights of refugees, women
and children.


3. By the decree No 97-503 of 16 October 1997, the GOB established,
the National Human Rights Advisory Council. The Council serves as a
framework for communication between the authorities and NGOs to
advance the rule of law. The Council holds biannual sessions to
monitor the implementation of international human rights
instruments. The Ministry of J

ustice trains law enforcement agents
on human rights and, in conjunction with the Ministry of Family,
designs action plans to support the promotion of human rights, and
to end gender-based violence.


4. Apart from the court system, there is a wide range of remedies
regarding acts of torture. These include the Constitutional Court,
the Ministry of Justice, and the Presidency for any act of torture
committed on a citizen; the Ministry of Interior for acts of torture
committed by the police; the Ministry of Defense for acts of torture
committed by the military; the Ministry of Foreign Affairs for
matters pertaining to extradition; and the Ministry of Civil Service
to take disciplinary action against civil servants who commit an act
of torture while on duty.

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NATIONAL AND INTERNATIONAL NGO EFFORTS
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5. International and National NGOs that prove pro-active in the
prevention of torture include: Amnesty International Benin;
Christian Association for the Abolition of Torture in Benin
(ACAT-Benin); Social Dimension and Organization for the Defense of
Prisoners' Interests; Organization for the Defense of Prisoners'
Interest (ODIP); Association of the Female Lawyers of Benin (AFJB);
Prison Brotherhood; and Prisoners Without Borders. These NGOs focus
mainly on prison visits, outreach awareness campaigns, and education
programs for law enforcement agents. For instance, AFJB, Prison
Brotherhood, and Afrika Obota, in conjunction with the Ministry of
Justice, began implementing, in 2002, a legal assistance program for
prisoners. The program includes all eight detention centers in Benin
and provides each with a legal assistant. Legal assistants compile
registers of detainees, follow cases, educate detainees on their
rights and obligations, and provide them with legal aid. Special
care is given to pregnant detainees.

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GOB'S FAILURE TO INCLUDE DEFINITION
OF TORTURE IN NATIONAL CRIMINAL LAW
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6. Torture is not criminalized under Beninese Criminal Law. Articles
18 and 19 of the Constitution prohibit torture and other cruel,
inhuman or degrading treatment inflicted on public officials and

COTONOU 00000325 002 OF 002


provide punishment for individuals who commit such offenses, but
these provisions are not integrated into criminal law as prescribed
by Article 4 of the CAT. Article 19 of the Constitution provides
that any civil servant who commits an act of torture shall be
punished. However, acts of torture are not defined in criminal law
and no penalties are provided for offenders. Criminal law does
forbid other torture-related offences, including rape and battery.
Ministry of Justice officials argue that failure to define acts of
torture under criminal law does not significantly impact the
prosecution and conviction of offenders as judges invoke other
provisions under criminal law and other legislation and decrees to
prosecute people who commit an act of torture. The fact remains that
torture is widespread and comes in various forms throughout Benin:
beating in custody, arbitrary arrest, mob justice, violence against
women, child trafficking, and child labor.

BOUSTANI