CAT/C/FRA/CO/7
exceptional practice of conducting a full body search does not appear to be guided in all
cases by the principles of need and proportionality (arts. 11 and 16).
28.
The Committee recommends that the State party ensure that full body searches
are conducted only when strictly necessary and when proportionate to the intended
objective, and that it ensure rigorous monitoring of the rules established in the Prisons
Act of 2009 and the memorandum of 15 November 2013. It also recommends that the
State party continue its efforts to train staff and provide information to prisoners on
the rules governing body searches, and that it adopt a standard approach across all
facilities, as suggested by the Inspector General of Places of Deprivation of Liberty,
with a view to preventing any risk of arbitrary decision-making in relation to the
conduct of searches. The Committee further recommends that the State party ensure
that such body searches, when deemed absolutely necessary, are conducted in
conditions that respect prisoners’ dignity.
Psychiatric facilities
29.
The Committee is concerned about: (a) the substandard physical conditions of
detention of patients in certain psychiatric facilities; (b) the frequent use of seclusion for
days on end, whether with or without restraint, notwithstanding the Act of 26 January 2016
on the modernization of the health system and the good practice recommendations issued
by the French National Health Authority in 1998 and 2004; (c) the lack of a register on the
use of seclusion and restraint, as provided for by the Act of 26 January 2016; (d) the fact
that mechanical restraint is not always used according to the same criteria or for the same
duration; and (e) the failure to systematically inform patients about their rights prior to
placement in seclusion or under restraint and about how to appeal such decisions. While
noting the State party’s explanations of the measures taken, the Committee is particularly
concerned about the findings of the Inspector General of Places of Deprivation of Liberty
on the use of seclusion and restraint in the Ain Psychotherapy Centre and the physical
conditions in which the persons committed there are kept (arts. 11 and 16).
30.
The Committee recommends that the State party:
(a)
hospitals;
Improve the conditions of detention of persons committed to psychiatric
(b)
Ensure that there is no systematic or excessively frequent use of
seclusion and restraint;
(c)
Enhance the training of personnel at psychiatric facilities to ensure
effective compliance with the rules established by the Act of 26 January 2016 on the
modernization of the health system and the good practice recommendations issued by
the National Health Authority in 1998 and 2004;
(d)
Ensure that, in all cases of involuntary hospitalization, the Act of 5 July
2011, as amended on 25 September 2013, is properly enforced in connection with the
oversight of such hospitalization and that patients are informed of their rights and of
the avenues available to appeal such a decision.
31.
While noting the measures adopted to change the situation at the Ain
Psychotherapy Centre, the Committee calls on the State party to implement, as a
matter of urgency, all the recommendations concerning the Centre made by the
Inspector General of Places of Deprivation of Liberty.
Sexual abuse committed in the Central African Republic
32.
The Committee is concerned about the numerous allegations of sexual abuse of
children committed by French soldiers during Operation Sangaris in the Central African
6
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