Rédaction Africa Links 24 with Edouard Djogbénou
Published on 2024-03-31 16:25:52
The ban on visits to Reckya Madougou by certain deputies of the party Les Démocrates continues to provoke reactions. After the justification by the penitentiary agency, the lawyers of the former minister react and point out falsehoods.
The arguments put forward by the penitentiary agency to justify the refusal of visits to some democratic deputies to Reckya Madougou do not hold up according to the former minister’s legal counsel.
In their analysis, the group of lawyers highlight falsehoods and urge the Minister of Justice, the Director of the Penitentiary Agency, the Special Prosecutor at the CRIET, and the warden of the Akpro-Missérété civil prison, each individually, to stop obstructing these visits when these deputies will soon individually meet the candidate who was disqualified from their party in the 2021 presidential election.
Analysis by Madougou’s lawyers:
On March 29, 2024, in response to the outcry and public outrage following the ban on Madame Reckya MADOUGOU by a group of deputies from the party Les Démocrates, of which she is the candidate prevented from participating in the 2021 presidential election, the Special Prosecutor at the CRIET and subsequently, the Director of the Penitentiary Agency of Benin (APB) felt the need to provide reasons for this refusal. Upon reading these press releases, the legal analysis reveals the following legal insufficiencies and contradictions:
1st insufficiency: Regarding the covid-19 situation
According to the minutes of the Council of Ministers of March 16, 2022, the Beninese government lifted all measures regarding the covid-19 pandemic in Benin. The argument raised by the Special Prosecutor at the CRIET regarding compliance with covid-19 measures is totally unfounded.
2nd insufficiency: Regarding the visit permit
Based on the provisions of Article 113 of the standard internal regulations of penitentiary institutions in Benin, the Director of the APB stated in his press release that the analysis of this assertion implies that all visits to detainees in any penitentiary institution in Benin are subject to the possession of a visit permit.
If that is the case, we invite the Director of the Benin Penitentiary Agency to provide us, with evidence, the number of visit permits that have been issued to visitors of Benin’s penitentiary institutions during the 2023 calendar year and the first three (03) months of 2024. Unfortunately, he will be unable to do so.
Furthermore, in its decision DCC 23-165 of May 4, 2023, the Constitutional Court declared the following: “Declares that decree no. 73-293 of September 15, 1973, regarding the penitentiary regime in the Republic of Benin is unconstitutional.”
We have conveyed this decision of the Constitutional Court to the current Minister of Justice, by letter a few weeks after taking office in July 2023, urging him to instruct his competent services (APB and the special prosecutor at the CRIET) to comply with the said decision.
Following our actions, the President of the parliamentary group Nourenou ATCHADE as well as the honorable deputy Kamel OUASSANGARI also approached the Minister of Justice to visit Madame Reckya MADOUGOU but received no response for over three (03) months.
This silence reflects the government’s and the entire judiciary’s disregard for the fundamental rights of Madam Reckya MADOUGOU, who was a former Minister of Justice, Legislation, and Human Rights and carried out her duties in a republican and just manner.
Based on this proven discrimination, we strongly condemn the dismissal of the warden of the Cotonou civil prison, who was only used as a scapegoat in this matter, as usual, to cover up blatant arbitrariness.
We urge the Minister of Justice to take all necessary measures to reinstate him in his functions and instead take disciplinary measures against those who do not respect the rights of detainees.
In any case, we inform the national and international opinion that in the coming days, the deputies of the party Les Démocrates will individually and separately visit Madame Reckya MADOUGOU, just as some of them have already met several young political detainees in various prisons in Benin, including in Missérété, without being required to produce any visit permit.
Therefore, we urge the Minister of Justice, the Director of the Penitentiary Agency, the Special Prosecutor at the CRIET, and the warden of the Akpro-Missérété civil prison, each individually, not to obstruct these visits once again.
Done in Cotonou, on Saturday, March 30, 2024.
Master Renaud V. AGBODJO,
Lawyer at the Bar of Benin
Master Mario STASI
Lawyer at the Bar of Paris
Legal counsels of Madame Reckya Madougou.
Read the original article(French) on Benin Web TV
