A/65/44
(5)
The Committee also notes with satisfaction:
(a)
The introduction, under the Act of 20 November 2007, of a legal remedy
with automatic suspensive effect against any decision to refuse entry following an
application for asylum lodged at the frontier;
(b)
The adoption of the Act of 4 April 2006, which strengthens the prevention
and punishment of conjugal violence and violence against children and increases the
penalties for violence against women.
(6)
The Committee also welcomes the construction project now under way aimed at a
substantial increase in prison capacity.
(7)
The Committee also notes the proactive measures taken by the State party to
increase the number of convicted persons eligible for alternative sentencing, in part as a
result of the introduction, under the Prisons Act of 24 November 2009, of house arrest with
electronic surveillance as an alternative to pretrial detention.
(8)
The Committee notes with satisfaction the Ministry of Justice action plan of 2009 to
prevent suicide in prison, and would welcome regular updates on its implementation,
including in the overseas territories.
(9)
The Committee notes with interest the establishment of a procedure to allow the
newly created Office of the Inspector-General of the National Gendarmerie to make
unannounced visits to police custody facilities and to monitor the reception facilities for
complainants in neighbourhood police units.
(10) The Committee welcomes the abolition, on 16 August 2007, of the “security
rotation” system in prisons, whereby prisoners were subjected to repeated transfers. The
Committee also notes that the matter of Khider v. France (European Court of Human
Rights judgement of 9 July 2009) was placed on the agenda of the Committee of Ministers
in March.
(11) The Committee notes with satisfaction the creation of two telephone hotlines for
reporting conjugal ill-treatment and violence and abuse against children (3977 and 3919,
respectively). The Committee also commends the bill to introduce a reference to
psychological violence in the Criminal Code.
(12) The Committee further notes with satisfaction the State party’s announcement that it
was considering legislative reform aimed eventually at divesting a person of an honour
awarded if the person is suspected of having committed a violation of the Convention or
any other serious violation of international law.
C.
Subjects of concern and recommendations
Definition of torture
(13) While the Committee recognizes that the State party’s criminal law punishes acts of
torture and acts of barbarity and violence, and while it takes note of the judgements brought
to its attention in which acts of torture have been penalized, the Committee remains
concerned at the absence in the French Criminal Code of a definition of torture strictly in
line with article 1 of the Convention (art. 1).
The Committee reiterates its earlier recommendation (CAT/C/FRA/CO/3, para. 5)
that the State party incorporate in its criminal law a definition of torture that is in
strict conformity with article 1 of the Convention. Such a definition would meet on the
one hand the need for clarity and predictability in criminal law, and on the other the
need under the Convention 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 committed by non92
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