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
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