CAT/C/FRA/CO/4-6
Training of law enforcement officers
20.
The Committee takes note of the information provided by the State party regarding
the new initial training curricula for officers and constables, and of the fact that the Prisons
Act of 24 November 2009 has introduced a Code of Ethics for the prison service, but it
remains concerned at the lack of information received about the content of initial and inservice training on the human rights instruments. The Committee would particularly
appreciate details of training protocols and of any subsequent evaluation of the training
performed (art. 10).
The Committee would like more information concerning the State party’s evaluation
of the training given to police, prison and medical officers, with reference to specific
indicators. The Committee also recommends that the Istanbul Protocol (Manual on
the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment) be made part of staff training.
The Committee would also like to receive details from the State party of any training
given to the private security firms used by the State party, both in its home territory
and abroad.
21.
The Committee remains particularly concerned about the persistent allegations that
it has received regarding ill-treatment by law enforcement officers of detainees and other
persons in their charge (art. 16).
The State party should take steps to ensure that all allegations of ill-treatment at the
hands of law enforcement officers are promptly investigated in the course of
transparent and independent inquiries, and that the perpetrators receive appropriate
punishment.
The Committee would also appreciate information about the Note apparently
circulated by the Office of the Inspector-General of the National Police in October
2008 concerning the methods used by law enforcement agencies to restrain suspects or
persons against whom removal orders have been issued, which have already resulted
in cases of death by asphyxiation (Mohamed Saoud in 1998 and Abdelhakim Ajimi in
2007).
Provisions concerning the custody and treatment of arrested, detained and
imprisoned persons
Police custody
22.
The Committee remains concerned about the amendments to the Act of 9 March
2004, which, under the special procedure applicable in cases of terrorism and organized
crime, delay access to a lawyer until the 72nd hour of police custody. These provisions are
likely to give rise to violations of the terms of article 11 of the Convention, since it is
during the first few hours after an arrest that the risk of torture is greatest, particularly when
a person is being held incommunicado. The Committee also remains concerned about the
frequent use of pretrial detention and the duration of such detention (arts. 2 and 11).
The Committee reiterates its previous recommendation that the State party take
appropriate legislative measures to guarantee immediate access to a lawyer during
police custody, in accordance with article 11 of the Convention. The Committee
further recommends that steps be taken to reduce the use of pretrial detention and the
duration of such detention.
GE.10-42584
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