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 -

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