CAT/C/MCO/CO/6
also like to know how many expulsion orders have been appealed since 2011 and
whether these appeals have had a suspensive effect during the deliberations of the
Supreme Court. The Committee reiterates its previous recommendations
(CAT/C/MCO/CO/4-5, para. 9) and urges the State party to establish a mechanism for
following up on the cases of asylum seekers dealt with by OFPRA.
Custody of minors
14.
The Committee welcomes the efforts made by the State party to comply fully with
its custody-related commitments since its last dialogue with the Committee. It notes in
particular the adoption of Act No. 1.399 of 25 June 2013 on the reform of the Code of
Criminal Procedure relating to police custody. Nevertheless, like the Committee on the
Rights of the Child (CRC/C/MCO/CO/2-3, para. 47), the Committee remains concerned
about the issue of custody of minors under 13 years of age (art. 11).
15.
The Committee recommends that the State party repeal the amendment to the
Code of Criminal Procedure that allows for the placement of children under 13 years
of age in police custody for the purposes of an investigation.
Detention conditions in prison
16.
The Committee notes that the prison (Maison d’Arrêt) of Monaco is equipped to
hold a small number of detainees for short periods of time and that it is not a detention
centre in the strict sense of the term. While the Committee appreciates: (a) the conditions
provided for detainees, including medical care, leisure and work opportunities; (b) the
renovations and alterations carried out by the State party to improve conditions of detention;
(c) the collaboration of the State party with the European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment, the Committee remains
concerned, after having read the report adopted by the European Committee for the
Prevention of Torture in 2013 (CPT/inf (2013) 39), about the structural incompatibility of
the prison and its facilities with its current use. The Committee also expresses its concern at
the fact that a routine medical examination is not given to every individual upon arrival at
the prison (art. 11).
17.
While it is aware of the State party’s land-use constraints, the Committee
invites the Monegasque authorities to consider ways of adapting some of the
infrastructure within the prison or even a potential move to new facilities. The
Committee would also welcome statistics on the proportion of non-nationals being
held at the prison and their origins and information on whether specific measures,
including language-related ones, are planned. The Committee invites the State party
to provide for a routine medical examination of any person upon arrival at the prison.
Monitoring of the conditions of transferred detainees
18.
The Committee notes that the judge responsible for sentence enforcement is also
responsible for monitoring the situation of prisoners in France but that no visit was possible
during the summer of 2015. Furthermore, the Committee notes that requests for transfer to
France are admitted only in the case of prisoners serving long sentences and that, most of
the time, it is the detainees themselves who seek to expedite their transfer to France in order
to be closer to their families. Lastly, the Committee notes that, notwithstanding the very
small number of detainees concerned, discussions between the Monegasque courts and the
French authorities held with a view to reaching an agreement on more effective monitoring
of detention conditions led to the principle of an exchange of administrative letters between
the French Ministry of Justice and the Director of Judicial Services to enable such
monitoring. However, the Committee remains concerned that the requirement of obtaining
the express consent of a person convicted in Monaco to his or her transfer to France is still
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