Surveillance Mechanisms
422. Places of detention and custody are kept by officers of the FDS under the control of the public
prosecutor who falls under the oversight responsibility of the Attorney General.
Training and Capacity Building
423. The training in human rights of judges and officers of the FDS, stakeholders in charge of detention
is overseen by the Government with the support of its partners such as the United Nations system, the
Danish Human Rights Institute and the EUCAP SAHEL. Human rights modules have been
incorporated into the training of these personnel.
Education and Capacity Building of Civil Society
424. The Government contributes to the training of civil society stakeholders in the area of human
rights. The CSOs also obtain funding for their training from technical and financial partners established
in the country or through external financing.
Meeting the needs of victims
425. The needs of victims are analysed within the context of the pursuit of justice and redress for the
injury suffered. To achieve this, the victims can advantageously refer to the Criminal Code and the
Code of Criminal Procedure. The National Legal and Judicial Assistance Agency is available to assist
victims in the area of judicial proceedings.
VII. RESPECT FOR DUE PROCESS AND CONDITIONS OF DETENTION
Release adequate budgetary resources for the implementation of Law No. 2017-008 of 31 March
2017 with a view to increasing the daily rations of people in custody in accordance with international
norms and standards thereof.
426. As part of the improvement of conditions of detention, Law No. 2017-08 of 31 March 2017,
determining the fundamental principles of the prison system in Niger was adopted. This law is an
amendment of Decree No. 99-368 PRN/MJ of 3 September 1999 which seeks to attain the same
objective. The new law particularly highlights the rights of detainees, their socio-professional
reintegration and their punishment and sanctioning aspect of the detention.
427. Article 40 of Law No. 2017-08 provides that “detainees have a right to three (3) daily rations. The
latter must be balanced in order to avoid any dietary deficiency and to provide them the necessary
energy for their health and for the performance of their tasks”. This provision has not yet been
implemented due to the budgetary constraints faced by the country.
428. The budgetary outlay for the maintenance of detainees (feeding, medical upkeep, hygiene, bedding
and clothing, operations of prison facilities) amounted to 1,360,000,000 CFA francs in 2018 including
1.055.000.000 for feeding, 15.000.000 for operations of prison establishments, 30.000.000 for hygiene
and sanitation, 100.000.000 for medical care, 100.000.000 for bedding, and 60.000.000 for clothing. In
2019 the budget declined to 1.215.583.000.
429. In spite of the inadequate budgetary allocation due to the fight against terrorism, the Government
has been compelled to redirect a substantial proportion of the overall budget to the security sector;
86