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. 28

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