Following this decision, the Cotonou Court of Criminal Appeal seized
pursuant to articles 19, 50 to 52, 201 to 206 of the Penal Procedure Code
passed rulings n° 190/2001 and 191/2001 (cf. Annex III).
In fact, several criminal investigation officers were stripped of their
powers in some instances.
• The right to a fair trial is enshrined in article 17 of the Constitution ;
• Articles 126 and 129 affirm the principle of separation of powers and
independence of the Bench. These provisions are reinforced by act n°
2001-35 du 21-02-2003 on the statutes of the Bench and act n°2001-37
dated 27-08-2002 regulating the judicial system in Benin;
• The Constitutional Court has recognised the right to protection and the
right to be judged within a reasonable period. In order to bring justice to
the doorstep of the justiciables new jurisdictions have been established:
One (01) first instance court in each county town with a special status
(Cotonou, Porto-Novo and Parakou) and 25 second instance tribunals in
the other communes.
• Torture
and
other
Cruel,
Inhuman
or
Degrading
Treatment
or
Punishment are forbidden in Benin (article 18, paragraph 1 of the
Constitution).
This practice is dealt with under the specific laws of the Special Penal
Law.
The
Constitutional
Court
has
defined
torture
by
deciding
that « ….inhuman or degrading treatments are considered not only with
regard to the effect on the physical or mental state of the individual but
also their duration, deliberate nature and the circumstances under which
they were inflicted.
« Fifteen (15) days detention in a poorly ventilated, ill-lit cell, stinking
of urine or even of faeces well and truly constitutes inhuman and
degrading treatment.» ( DCC 99- 011 du 9-02-1999).
- 10 -