In a bid to implement the resolution of the African Commission on Human and Peoples’ Rights and to give effect to the commitments made by Benin with respect to the right to life, the Government has initiated a debate on whether to abolish or maintain the death penalty. In fact, the eighth session of the National Human Rights Consultative Council, held from 23 to 25 February, 2004 in Cotonou was the forum for such debate. Whereas the dehumanising nature of the death penalty has been recognised, much has also been said of its dissuasive effect So, much as the Beninese government leans towards abolitionist measures it is pursuing its economic, social and cultural development efforts to eradicate the causes of criminality: to its mind therein lies the pre-requisite to a final decision. • The duration of police custody is strictly regulated under article 18 of the Constitution and articles 50 and 52 of the Penal Code of Procedure. Any person violating these laws shall be liable to penal and disciplinary sanctions or even stripped of his authority as criminal investigation officer where the perpetrator is indeed a criminal investigation officer. From 2000 to 2006, the Constitutional Court passed 92 rulings on arbitrary or abusive police custody. In the case of ASSOGBA Rock versus the Commissioner of Police Honoré SEVO and Inspector Comlan ASSOGBA, the Constitutional Court ruled that « any police custody which exceeds the duration laid down in article 18, paragraph 4 of the Constitution shall be deemed arbitrary, abusive, and shall constitute a violation of the Constitution.» (DCC 00-036 of 28 June 2000). -9-