CAT/C/FRA/CO/4-6 event of return, which requires, among other things, the gathering of evidence and testimony, as well as other documentation from their country of origin (art. 3). Like the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) following its visit to France, from 27 September to 9 October 2006, the Committee recommends that the State party allow sufficient time and provide all essential procedural guarantees for asylum applicants held in an administrative holding centre, without, however, unduly extending the holding period on that account. 17. Since issuing its previous observations and recommendations, the Committee remains concerned at the provisions of the Act of 10 December 2003 that introduce the concepts of “internal asylum” and “safe countries of origin”, which do not guarantee absolute protection against the risk of persons being returned to a State where they might be tortured. This is borne out by the absence of precise information regarding the documentary sources used in drawing up the list of “safe countries of origin” or how often the list is updated. Moreover, it is interesting to note that, according to OFPRA, refugee status or subsidiary protection was granted to around 35 per cent of persons from so-called “safe countries of origin” in 2008 (art. 3). The Committee reiterates its recommendation that the State party take appropriate measures to ensure that applications for asylum by persons from States to which the concepts of “internal asylum” or “safe country of origin” apply are examined with due consideration for the applicant’s personal situation and in full conformity with the provisions of article 3 of the Convention. 18. The Committee deplores the fact that it has received several documented allegations regarding the return of persons to countries where they risked being subjected to acts of torture or cruel, inhuman or degrading treatment or punishment, and from persons sent back to their country of origin who reported being arrested and subjected to ill-treatment on arrival, in some cases despite interim protection measures ordered by the Committee or the European Court of Human Rights (art. 3). The Committee reiterates its recommendation that the State party take the necessary steps to guarantee at all times that no person is expelled who is in danger of being subjected to torture if returned to a third State. Universal jurisdiction 19. While acknowledging that any person present in French territory who is suspected of having committed acts of torture may be prosecuted and tried in the State party under the French Code of Criminal Procedure, the Committee nevertheless remains concerned about the limitations that the bill imposes on the scope of universal jurisdiction, in particular by introducing a requirement for suspects to be normally resident in France. The Committee is also concerned that the bill to bring French law into line with the Rome Statute of the International Criminal Court is still not on the National Assembly’s agenda for adoption, despite having been adopted by the Senate in June 2008 (arts. 5, 6, 7 and 13). The Committee reiterates its recommendation that the State party guarantee the right of victims to effective remedy against violation of the Convention, in particular by establishing its jurisdiction over any offence committed by a suspect present in its territory, in accordance with article 5 of the Convention. The Committee further recommends that the normal residence requirement for alleged perpetrators be replaced by a requirement that they be simply present in the territory, in accordance with article 6. 4 GE.10-42584

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