A/65/44
State actors. The Committee reiterates its recommendation that torture be made an
imprescriptible offence.
Non-refoulement
(14) While taking note of the information provided to the Committee by the State party to
the effect that the relevant numbers have fallen since 2008, the Committee remains
concerned at reports that 22 per cent of asylum applications submitted in 2009 were dealt
with under the so-called priority procedure, which does not allow for an appeal with
suspensive effect against an initial rejection by the French Office for the Protection of
Refugees and Stateless Persons (OFPRA). An applicant may therefore be returned to a
country where he is at risk of torture before the National Court on the Right of Asylum can
hear his request for protection. In the absence of statistics concerning petitions lodged
against removal orders on grounds of risk of torture, or for annulments of removal orders
by the administrative court under article 3, the Committee is not convinced that the priority
procedure offers adequate safeguards against removal where there is a risk of torture (art.
3).
The Committee recommends that the State party introduce an appeal with suspensive
effect for asylum applications conducted under the priority procedure. It also
recommends that situations covered by article 3 of the Convention be submitted to a
thorough risk assessment, notably by ensuring appropriate training for judges
regarding the risks of torture in receiving countries and by automatically holding
individual interviews in order to assess the personal risk to applicants.
(15) The Committee notes with satisfaction that, following the entry into force of the Act
of 20 November 2007, asylum-seekers at the border now have the right of appeal with
suspensive effect against a decision refusing entry for the purposes of asylum, but is
concerned at the very short time limit for submitting such an appeal (48 hours), at the fact
that the language used for the appeal must be French and at the fact that the administrative
judge may reject the appeal by court order, thereby depriving the applicant of a hearing at
which he may defend his case, and of procedural guarantees such as the right to an
interpreter and a lawyer (art. 3).
The Committee recommends that any appeal relating to an asylum application
submitted at the border be subject to a hearing at which the applicant threatened with
removal can present his case effectively, and that the appeal be subject to all basic
procedural guarantees, including the right to an interpreter and counsel.
(16) The Committee is also concerned at the particular difficulties encountered by
asylum-seekers in places of deprivation of liberty such as holding centres, who are required
to submit their application within five days of being notified of their right to do so, under
the Code on the Entry and Residence of Aliens and the Right of Asylum. Such a time limit
is not compatible with applicants’ need to submit a credible case establishing a risk in the
event of return, which requires, among other things, the gathering of evidence and
testimony, as well as other documentation from their country of origin (art. 3).
Like the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT) following its visit to France, from 27
September to 9 October 2006, the Committee recommends that the State party allow
sufficient time and provide all essential procedural guarantees for asylum applicants
held in an administrative holding centre, without, however, unduly extending the
holding period on that account.
(17) Since issuing its previous observations and recommendations, the Committee
remains concerned at the provisions of the Act of 10 December 2003 that introduce the
concepts of “internal asylum” and “safe countries of origin”, which do not guarantee
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