(18)
While noting the measures taken by the State party to address the crucial problem of prison overcrowding,
including by building new prisons and considering alternatives to detention, the Committee remains concerned about the
poor detention conditions in prisons, particularly in the Loos and Toulon short-stay prisons, and in administrative
holding centres. The Committee is particularly concerned about the inadequacy of internal inspections, the unsuitability
and dilapidation of the buildings, and the unsatisfactory hygiene conditions. It is also concerned about the increase in
violence among detainees and in the number of suicides reported to it (arts. 11 and 16).
The Committee recommends that the State party should take the necessary steps to ratify the Optional
Protocol to the Convention as soon as possible, and to set up a national mechanism to conduct periodic
visits to places of detention in order to prevent torture and any other cruel, inhuman or degrading
treatment.
(19)
The Committee notes the measures taken by the State party to improve living conditions in holding areas,
particularly at Roissy-Charles de Gaulle airport, and to facilitate access to them by non-governmental organizations.
However, it remains concerned about information it has received concerning incidents of police violence, including
cruel, inhuman and degrading treatment, inside the holding areas, particularly against people of non-Western origin
(arts. 11 and 16).
The Committee recommends that the State party should take the necessary measures to enable the
National Commission for the Monitoring of Holding Centres and Facilities and Waiting Areas to begin
its work soon and to ensure that these recommendations are effectively implemented.
(20)
While taking note of the draft decree on solitary confinement mentioned by the State party, the Committee is
concerned that the draft does not set any time limit and that no special justification is needed until two years have been
spent in solitary confinement. The Committee is worried that detainees can be held under this regime for many years
despite its possible harmful effects on their physical and mental state (art. 16).
The Committee recommends that the State party should take the necessary measures to ensure that
solitary confinement remains an exceptional measure of limited duration, in accordance with
international standards.
Impartial investigation
(21)
The Committee continues to be concerned about the system of discretionary prosecution, which gives State
prosecutors the option of not prosecuting the perpetrators of acts of torture and ill-treatment in which police officers are
implicated, or even of not ordering an investigation, which is clearly contrary to article 12 of the Convention (art. 12).
The Committee reiterates its recommendation (A/53/44, para. 147) that, in order to comply with
article 12 of the Convention in letter and in spirit, the State party should consider abrogating the system
of discretionary prosecution so as to remove all doubts regarding the obligation of the competent
authorities to launch impartial inquiries systematically and on their own initiative in all cases where
there are reasonable grounds for believing that an act of torture has been committed in any territory
under its jurisdiction, in the spirit of the recommendation of the Human Rights Committee
(CCPR/C/79/Add.80, para. 15), which calls on the State party to “take appropriate measures to fully
guarantee that all investigations and prosecutions are undertaken in full compliance with the provisions
of articles 2, paragraphs 3, 9 and 14 of the Covenant”.
29
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