CAT/C/FRA/CO/7 (c) Cases are prosecuted and, in the event of conviction, punishment proportionate to the seriousness of the actions is ordered; (d) Complete, disaggregated statistics are kept on complaints filed and reports received of acts of violence or excessive use of force, and on administrative or judicial inquiries opened into police or gendarmerie actions, prosecution proceedings launched, convictions and penalties handed down, and on cases proceedings dismissed or discontinued. 18. The Committee requests the State party to provide information on the followup given to (a) complaints filed with the Ombudsman and (b) allegations of police violence towards asylum seekers and migrants, and information on the situation of such persons in Calais and the surrounding area. Non-refoulement 19. While taking note of the explanations provided by the State party, the Committee is concerned that use of the numerous criteria established in article L 723-2 of the Code on the Entry and Residence of Aliens and the Right of Asylum, such as provenance from a “safe” country of origin, could lead to a significantly higher number of asylum requests being considered under the fast-track procedure (which represents 25 to 30 per cent of the overall demand, according to the State party), potentially without proper advance assessment. The Committee is of the view that the short time allowed for the review of asylum requests by the French Office for the Protection of Refugees and Stateless Persons, coupled with the number of requests being considered under the fast-track procedure, could lead to cursory or incomplete assessments of risks, including the risk of torture or ill-treatment, to which the asylum seeker might be exposed if deported. The Committee is also concerned that the time allowed for asylum seekers, including unaccompanied minors, to prepare their request — 48 hours for asylum seekers being held in a waiting area and 5 days for those at administrative holding centres — is too short for them to be able to avail themselves of adequate legal or interpretation assistance to defend their request, thus potentially exposing them to the full gamut of risks in case of deportation (art. 3). 20. The Committee recommends that the State party take all necessary steps to ensure that the criteria used for deciding whether a request will be considered by the fast-track procedure, in particular provenance from a “safe” country of origin, do not lead to automatic or systematic assignment to the fast-track procedure. It also recommends that the State party ensure that the risks faced by each asylum seeker are assessed thoroughly in cases where this procedure is used. Lastly, the Committee recommends that the State party take all necessary measures to ensure that, in all instances, asylum seekers enjoy effective access to legal, interpretation and other assistance that will allow them to properly prepare and defend their case. It requests the State party to revisit the time frames in which asylum seekers in waiting areas and administrative holding centres may present their case to the National Court on the Right of Asylum. Conditions of detention 21. While noting the steps taken by the State party, the Committee is concerned by the very high level of prison overcrowding evidenced by an occupancy rate of 116 per cent in 2014, and higher still in some prisons, including those of Marseilles (147 per cent) Nîmes (219 per cent), and Polynesia (294 per cent). The Committee deplores the unsuitable physical conditions of detention found at some facilities, such as dilapidated buildings and lack of proper hygiene and sanitation. It is also concerned by continuing violence among prisoners and by allegations of ill-treatment by prison staff. The Committee is further concerned by the problems encountered by some prisoners in filing complaints in cases of 4 GE.16-09568

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