Universal jurisdiction
(13)
The Committee is concerned that the draft bill on adapting French legislation to the Rome Statute of the
International Criminal Court limits the scope of universal jurisdiction to nationals of States that are not parties to the
Rome Statute, and makes prosecutions the sole preserve of the Public Prosecutor’s Office of the State party (art. 5).
The Committee recommends that the State party should remain committed to prosecuting and trying
alleged perpetrators of acts of torture who are present in any territory under its jurisdiction, regardless
of their nationality. The Committee also recommends that the State party should effectively guarantee
the right of victims to an effective remedy, particularly by means of their right to initiate a public
prosecution by suing for damages in criminal proceedings and by any other means that would enable the
State party to comply more effectively with its obligations under articles 5, 6, 7 and 13 of the Convention.
(14)
While welcoming the Nîmes Assize Court’s decision of 1 July 2005 to sentence the Mauritanian captain
Ely Ould Dah, in absentia, to 10 years’ imprisonment for crimes of torture, the Committee remains concerned that
although he was arrested in 1999 he was able to leave French territory in 2000, after the indictment division of the
Montpellier Court of Appeal decided to release him under court supervision. The Committee regrets that the State party
did not take the necessary steps to keep Mr. Ould Dah in its territory and ensure his presence at his trial, in conformity
with its obligations under article 6 of the Convention (art. 6).
The Committee recommends that, where the State party has established its jurisdiction over acts of
torture in a case in which the alleged perpetrator is present in any territory under its jurisdiction, it
should take the necessary steps to have the person concerned taken into custody or to ensure his or her
presence, in conformity with its obligations under article 6 of the Convention.
Training of police officers
(15)
The Committee takes note of the updating of the ethics manual for the national police and of the information
provided by the State party on the steps being taken to extend and improve the training given to police officers on the
subject of respect for the physical and mental integrity of arrested, detained or imprisoned persons. However, the
Committee remains concerned about the number and seriousness of the allegations it has received regarding the
ill-treatment by law enforcement officers of detainees and other persons with whom they come in contact (art. 10).
The Committee recommends that the State party should take the necessary measures to ensure that the
current reform aimed at extending and improving the training of police officers is implemented quickly
and extended to all law enforcement officers.
Provisions concerning the custody and treatment of arrested, detained and imprisoned persons
(17)
The Committee is concerned about the amendments to the Act of 9 March 2004 which, under the special
procedure applicable in cases of organized crime and delinquency, delay access to a lawyer until the 72nd hour of police
custody. These new provisions are likely to give rise to violations of article 11 of the Convention, since it is during the
first few hours after an arrest, particularly when a person is held incommunicado, that the risk of torture is greatest. The
Committee is also concerned about the frequent resort to pretrial detention and the duration of such detention (art. 11).
The Committee recommends that the State party should take appropriate legislative measures to
guarantee access to a lawyer within the first few hours of police custody, with a view to avoiding any risk
of torture, in accordance with article 11 of the Convention. In this connection, the Committee also
recommends that the State party should extend to adults the practice of filming minors in police custody.
The Committee further recommends that measures should be taken to reduce the length of pretrial
detention and its use.
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