Committee against Torture

Forty-fourth session

26 April–14 May 2010

Draft

List of issues to be taken up in connection with the consideration of the fourth to sixth periodic reports of France (CAT/C/FRA/4-6)

Articles 1 and 4

1.In paragraph 5 of its previous concluding observations (CAT/C/FRA/CO/3), the Committee recommended that the State party should incorporate into its criminal law a definition of torture that was in strict conformity with article 1 of the Convention, so as to draw a distinction between acts of torture committed by or at the instigation of or with the consent or acquiescence of a public official or any other person acting in an official capacity, and acts of violence in the broad sense committed by non-State actors, and that it should make torture an imprescriptible offence. The information provided in paragraphs 6 to 10 of the periodic report of the State party is inadequate. Please indicate, therefore, the reasons for which a definition of torture in conformity with that contained in the Convention has not yet been incorporated into the country’s domestic law and any obstacles to the implementation of the Committee’s recommendation.

2.In view of the information provided in paragraph 10 of the State party’s report and bearing in mind the Committee’s previous concluding observations and its general comment No. 2 on the implementation of article 2 by States parties, please indicate the reasons for which the State party does not consider it necessary to make torture an imprescriptible offence in the interests of preventing possible cases of impunity.

Article 2

3.With regard to paragraph 69 of the report of the State party, please indicate whether cameras have been installed in all the places in police stations where people in police custody may be present, or whether the State party intends to do so. If so, please indicate the timetable for this. In places where cameras have been installed, please indicate the measures taken to ensure their proper functioning and the availability of recording arrangements in case of complaints alleging mistreatment by the police. Please also indicate the authorized exceptions to the compulsory audio-visual recording referred to in paragraph 71 of the report of the State party and the ratio legis of such exceptions. Indicate the measures taken to protect persons in police custody from the risk of torture or degrading treatment in these circumstances.

4.The Human Rights Committee recommended that the State party should have no tolerance for acts of ill-treatment perpetrated by law enforcement officials against foreign nationals, including asylum-seekers, who are detained in prisons and administrative detention centres; that it should establish adequate systems for monitoring and deterring abuses and that it should further develop training opportunities for law enforcement officials. Please indicate what action has been taken on this recommendation. Please indicate also whether a medical report is systematically issued for a detainee who has been injured either during or after arrest. Please also provide information on measures taken to ensure that immediate, impartial and effective inquiries are conducted concerning allegations of ill-treatment by officials responsible for implementing the law and that the perpetrators are prosecuted and punished appropriately.

5.Since the adoption of Act No. 2006-64 of 23 January 2006, a person involved in a terrorism-related case may be held for six days — 96 hours, with an extension of 24 hours, renewable once — where there is a serious risk of an imminent terrorist act or where the conditions of international cooperation so require. Please indicate how many times this procedure has been followed. Please also give information on measures taken by the State party to provide suspects with fundamental legal guarantees, including the right to be able to see a lawyer.

6.Please indicate measures taken by the State party to respond to concerns about the Secure Detention (rétention de sûreté) Act, which provides that, once persons found guilty of certain offences have served their sentences in full, they may be kept in detention for indefinitely renewable periods of one year, if they are considered dangerous and present a high risk of recidivism.

7.Please (a) provide detailed, up-to-date information on the use of conducted energy devices (tasers) in the State party, including the legislative or regulatory framework for their use; (b) specify which security forces are authorized to use them and in what circumstances; (c) indicate whether training in the use of tasers is provided for security forces authorized to use them and, if so, supply details; (d) indicate whether studies have been carried out in France to determine the consequences of using tasers on individuals and, if so, provide information on the results obtained; and (e) indicate whether the system adopted by the national gendarmerie for collecting information on each case of taser use has also been set up for the national police. In that connection, please provide details on the ruling of 2 September 2009 by the Council of State concerning the repeal of the decree authorizing the use of tasers by municipal police and on measures taken to follow up that ruling.

Article 3

8.Please indicate the measures taken by the State party during the period covered by its periodic report to guarantee that no person is expelled who is in danger of being subjected to torture if returned to a third State. In that context, please indicate whether the State party has incorporated into its national legislation the Framework Decision by the Council of the European Union of 13 June 2002 providing for this obligation. If not, give reasons why not. Please also indicate the measures taken to ensure that the individuals concerned have the right of appeal against a deportation order with suspensive effect.

9.Please indicate whether effective means to monitor the fate of deported persons have been adopted. Please provide examples of cases in which the French authorities have refrained from extradition, refoulement or deportation for fear that the persons concerned might be tortured and indicate on the basis of what information such decisions have been taken. Please also indicate the countries that have made extradition requests to the State party, if any, in application of article 3. Please indicate further whether the State party has made any such request and the countries to which those requests were addressed.

10.Please provide up-to-date information on the measures taken by the State party to: (a) ensure that undocumented foreign nationals and asylum-seekers are properly informed of their rights, including the right to apply for asylum, with access to free legal aid; and (b) that individuals subject to deportation orders have an adequate period to prepare an asylum application, with guaranteed access to translators and a right of appeal with suspensive effect. Has the draft decree incorporating European Union Council Directive 2005/85/EC of 1 December 2005, referred to in paragraph 19 of the report of the State party, been adopted?

11.The memorandum of the Council of Europe Commissioner for Human Rights refers to evidence that detained asylum-seekers had been taken to their consulates to obtain a “consular pass” while their asylum applications were under examination by the French Office for the Protection of Refugees and Stateless Persons (OFPRA). Such an approach would endanger not only the asylum-seekers but also their relatives or friends. Please indicate what measures have been taken by the State party to ensure that such practices do not occur.

12.Please provide information on allegations received over the period covered by the periodic report of the State party concerning the collective arrest of persons with a view to placing them in administrative holding centres pending their return to a third State (see paragraph 10 of the Committee’s previous concluding observations).

13.Please provide detailed information on the operation to dismantle the camp for undocumented migrants near Calais. In particular, indicate the measures taken by the State party to ensure that no person was deported who was at risk of being subjected to torture if returned to a third State.

Articles 5, 6, 7 and 8

14.Please indicate the measures that will be taken by the State party to implement the Committee’s recommendation concerning the revision of the draft bill on adapting French legislation to the Rome Statute of the International Criminal Court by extending the scope of universal jurisdiction (paragraph 13 of the Committee’s previous concluding observations).

15.Please indicate whether, since its last report, the State party has concluded new extraditions treaties, including for acts of torture. Please also give examples of decisions or extradition cases adopted or turned down by the State party, and in relation to which other States. Lastly, please state whether the State party has received, or has itself formulated, requests for mutual judicial assistance in any proceedings relating to cases of torture. Please also indicate whether, since its last report, France has had occasion to use the Convention against Torture as a legal basis in cases of the extradition of persons accused of committing acts of torture.

Article 10

16.Please describe measures taken to reform the system for training police officers in order to prevent ill-treatment by such officers. Please indicate whether the ethics manual for the national police (paragraph 15 of the Committee’s previous concluding observations) has been updated and provide information on measures taken by the State party to extend and improve the training given to police officers and any other person responsible for implementing the law. Please also provide information on the training of police officers on the use of an immobilization procedure in the prostrate position (“ventral decubitus”) that has resulted in the death of several individuals.

17.Please state whether the provisions of the Convention form an integral part of training for law enforcement personnel, including prison officers, staff of juvenile detention facilities and psychiatric institutions and deportation officers. Is information on possible sanctions and penalties under French law in cases where the Convention is violated included in such training? Please also specify whether such training includes training for medical personnel who are assigned to identify and document physical and psychological signs of torture in persons deprived of liberty and who are responsible for their rehabilitation, in accordance with the Istanbul Protocol. If so, please specify by whom such training is provided and the methodology used in assessing it.

Article 11

18.Please provide information on the content of reports submitted to the Ministry of Justice of visits by district prosecutors to places where people are held in custody. Does the State party intend to publish these reports? If not, please explain why not.

Articles 12 and 13

19.Please provide examples on how article 15-2 of the Code of Criminal Procedure, under which the Office of the Inspector General of the judiciary may be involved in investigations into prohibited behaviour by officials, including police or gendarmes (paragraph 123 of the report of the State party), is applied.

20.In the light of the statement in paragraph 188 of the report of the State party that Ministry of Justice statistics are prepared on the basis of final judgements entered in the judicial record, please provide information, including any disaggregated data available to the State party, on the number of complaints, investigations, prosecutions and convictions for acts of torture or ill-treatment that have occurred in the State party since its last report.

21.Please provide detailed information, in addition to that contained in paragraph 136 of the report of the State party, concerning the number of convictions for acts of torture by public officials or other persons acting in an official capacity, or at the instigation of or with the consent or acquiescence of such an official, and indicate the sentences imposed. Please also state whether the alleged perpetrators were automatically suspended or transferred during any inquiry and whether they were allowed to retain their positions after disciplinary action had been taken.

22.Please indicate the measures taken by the State party to protect persons who report violence by law enforcement officials against acts of intimidation, defamation or even reprisals.

23.According to information received by the Committee, law enforcement bodies and judicial authorities fail to investigate allegations of ill-treatment in accordance with international standards, which leads to a climate of effective impunity. Please comment on this information in the light of article 12 of the Convention.

24.Please indicate any measures taken to conduct a detailed, independent and impartial investigation on every occasion that accusations of acts of torture or ill-treatment are made and to bring the perpetrators to justice. In particular, provide detailed information on the Lahouari Mahamedi case.

25.The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment recommended that the State party should initiate a debate on allegations of violence made against law enforcement officials and gain a thorough understanding of the situation. Please state how these recommendations have been followed up and provide information on the results of measures taken.

26.Please indicate whether the State party intends to take the necessary measures to enable the National Commission on Security Ethics (CNDS) to accept cases referred to it directly by any person who claims to have been subjected to torture or cruel, inhuman or degrading treatment (paragraph 22 of the Committee’s previous concluding observations). If not, please explain the reasons.

Article 14

27.Please state whether France offers victims of acts of torture or cruel, inhuman or degrading treatment physical, psychological or social rehabilitation services and how often such offers have been taken up. Please also state whether the State party has paid victims of torture compensation as well as damages following court rulings in torture cases.

Article 16

28.Please provide disaggregated statistical data on the prison population. Please also provide detailed information on the measures currently taken to address the problem of prison overcrowding, which is reaching “alarming levels in some establishments” (paragraph 156 of the report of the State party). Please also indicate whether the State party intends to extend the use of alternative punishment or punishments not involving deprivation of liberty.

29.Please (a) provide up-to-date information on the results of the extension and renovation works in the prisons in New Caledonia (paragraph 162 of the report of the State party); (b) state whether the renovation of the electrical system in remand prisons (paragraph 164 of the report) has been resumed; and (c) provide up-to-date information on the situation regarding the restructuring projects for prisons planned in Guadeloupe, French Guiana, Martinique and New Caledonia for 2011–2012 (paragraph 169 of the report).

30.Please indicate measures taken by the State party to address the concern expressed by the European Court of Human Rights that the cumulative effects of the conditions under which the complainant Khider was held constituted inhuman and degrading treatment.

31.Please provide detailed and up-to-date information concerning the plan of action to prevent suicides in prison and state how the plan has been received by organizations and professionals working in this field. Does the State party intend to publish the Albrand report on the prevention of suicide in prison? If not, please say why not.

32.Please indicate to what extent the Prisons Act introduced by the Minister of Justice, which was adopted by the Senate in March 2009, reflects the proposals put forward by the conference held in January 2006 and the recommendations made by the Council of Europe Commissioner for Human Rights following his visit to France in 2008.

33.The judgement of the Rouen Administrative Court of 27 March 2008, confirmed on appeal on 24 June 2008, found against the French State on the grounds of detention conditions that constituted “a breach of health and hygiene requirements” and were contrary to “respect for human dignity”. Please indicate what steps have been taken to act on this recommendation. Please also indicate what action will be taken on the recent report by the National Commission on Security Ethics on detention conditions and treatment of detainees at the Palais de Justice in Paris, particularly at the Dépôt and the Souricière holding cells.

34.According to the memorandum by the Council of Europe Commissioner for Human Rights, the reasons for the growing prison population lie primarily in the harsher sentences handed down by criminal courts and the increasing use of imprisonment. Moreover, this trend is likely to be exacerbated by the new Act of 10 August 2007, which stipulates minimum sentences for repeat offenders. Please comment on this information in the light of articles 11 and 16 of the Convention and indicate whether the State party intends to amend the Act.

35.Please fill out the information contained in paragraphs 111 and 112 of the report by providing the Committee with disaggregated statistical data on persons held in isolation. In view of paragraph 114 of the report, please also indicate what methods are used to measure the physical and psychological consequences that prolonged isolation may have on the prisoners concerned. What steps are taken when the results are negative?

36.The State party has announced that it would take measures to improve conditions in holding centres in order to bring them into line with normal standards of comfort and respect for the dignity of the individuals held and that it would build a new holding centre in Mayotte, which would meet such requirements. Please provide detailed and up-to-date information on the implementation of these projects.

37.The memorandum by the Council of Europe Commissioner for Human Rights notes the State party’s intention to pursue a “determined policy of sentence adjustment” in order to remedy the problem of overcrowding. Please provide up-to-date information on the implementation of this policy and any results obtained.

38.Please indicate whether the National Committee for the Monitoring of Holding Centres and Facilities and Waiting Areas is now operational and specify what machinery has been set up to act on its recommendations in an effective manner (paragraph 18 of the Committee’s previous concluding observations).

39.In 2006, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment recommended that the State party should prepare and implement a practical strategy to deal with the problem of violence and intimidation among detainees at Moulins-Yzeure central prison and Seysses short-stay prison, and at any other establishment where such problems exist. Please provide information on measures taken to act on this recommendation.

40.Please provide up-to-date information on measures taken to improve prison psychiatric services in the State party and reduce the incidence of psychiatric conditions in the prison population.

41.Please indicate whether the State party has taken legislative measures to make domestic violence a specific offence. Please also provide information on the measures taken to raise awareness of the offence and the mechanisms available to victims of domestic violence.

42.Please provide disaggregated statistical data that will serve as a basis for determining the extent of trafficking in persons and sexual exploitation occurring in the State party. Please also indicate whether, as recommended by the Committee on the Elimination of Discrimination against Women, a comprehensive study has been undertaken on the impact of the Act of 18 March 2003 on internal security, including the prohibition of passive soliciting.

43.Please indicate the legislative measures taken by the State party explicitly to prohibit corporal punishment in all settings, including in the family, in schools, in institutions and other childcare settings. What action has been taken to follow up on the campaign by the Council of Europe to achieve full prohibition of all forms of corporal punishment?

Other questions

44.In the light of the relevant Security Council resolutions, please provide information on legislative, administrative and other measures taken by the State to respond to the terrorist threat and describe the impact that such measures may have had in law and in practice on human rights guarantees.

45.The Human Rights Committee recommended that the State party should ensure that terrorism suspects placed in custody should have prompt access to a lawyer, that it should limit the duration of pretrial detention and that it should reinforce the role of “liberty and custody judges” (ju ges de s libertés et de la détention). Please provide information on action taken on this recommendation.

46.Please indicate to what extent the recommendations contained in the Léger report, which appears to give the Public Prosecutor’s office exclusive responsibility for investigations and criminal procedure, may restrict the setting up of impartial enquiries in cases of allegations of acts of torture.

47.Please indicate whether the bill on the ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment has been adopted (paragraph 105 of the report of the State party) and the timetable for the entry into force of this instrument in France.

48.Please state what measures have been taken by the State party to disseminate widely the reports that it submits to the Committee and the Committee’s conclusions and recommendations through the media, official websites and non-governmental organizations.