PRETRIAL DETENTION AND HUMAN RIGHTS IN BENIN

Pretrial detention is deprivation of liberty not consecutive to a sentence of imprisonment of a person suspected of having committed an offence.Despite the measures taken by governments with the reforms of the Code of Criminal Procedure to strike a balance between repression and the protection of the rights of litigants, the phenomenon is becoming increasingly recurrent. It has the disadvantage of considering the detainee as a real culprit even though he or she benefits from the presumption of innocence, the right to be tried within a reasonable time, the right to dignity and many other fundamental rights. It is therefore to correct this state of affairs that we have undertaken research on the present subject in order to seek the root causes of pre-trial detention, which is very often abusive and violates the rights of the justiciable, for adequate solutions that will make it possible to better ensure the guarantee of the fundamental rights of justiciable persons.