(22)
The Committee is concerned that, despite the judgement against the State party by the European Court of
Human Rights for a violation of article 3 of the Convention for the Protection of Human Rights and Fundamental
Freedoms in the case of Selmouni v. France,2 the Paris Court of Appeal imposed a light sentence on the police officers
involved in the case (art. 12).
The Committee recommends that the State party should take the necessary measures to ensure that
every public official, or any other person acting in an official capacity or at the instigation of or with the
consent or acquiescence of a public official, who is guilty of acts of torture should be prosecuted and
receive a penalty commensurate with the seriousness of the acts committed.
Right of complaint
(23)
While welcoming the establishment of the National Commission on Security Ethics (CNDS), the Committee is
concerned that the Commission cannot accept cases referred to it directly by a person who has been subjected to torture
or cruel, inhuman or degrading treatment, but only cases referred to it by a member of Parliament, the Prime Minister or
the Children’s Ombudsman (art. 13).
The Committee recommends that the State party should take the necessary measures to allow the CNDS
to accept cases referred to it directly by any person who claims to have been subjected to torture or
cruel, inhuman or degrading treatment in any territory under its jurisdiction, in accordance with
article 13 of the Convention.
(24)
The Committee recommends that the State party should include in its next report information on the
implementation of the Convention in its overseas departments and territories, as well as on its implementation in
territories that are not under its jurisdiction but where its armed forces are deployed.
(25)
The Committee also recommends that the State party should include in its next report data, disaggregated by
age, sex and ethnicity, on:
(a)
The number of asylum applications registered;
(b)
The number of applications accepted;
(c)
The number of applicants whose application for asylum was accepted on the grounds that they had
been tortured or might be tortured if returned to their country of origin;
(d)
(e)
treatment.
The number of cases of refoulement or expulsion;
The number of recorded complaints containing allegations of torture or cruel, inhuman or degrading
(26)
The Committee recommends that the State party should disseminate the Committee’s conclusions and
recommendations widely throughout its territory in all appropriate languages, through official websites, the press and
non-governmental organizations.
(27)
The Committee requests the State party to provide, within one year, information on its implementation of the
Committee’s recommendations contained in paragraphs 10, 15 and 18 above.
2
Application No. 25803/94, judgement of the European Court of Human Rights, Strasbourg, 28 July 1999.
30
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