CAT/C/FRA/CO/4-6
Interrogations
23.
While noting with satisfaction that the Act of 5 March 2007 makes video recording
of questioning by the police or a judge compulsory, except in cases involving minor
offences, the Committee notes that the Act does not apply to persons accused of terrorism
or organized crime, failing special authorization by the Public Prosecutor or investigating
judge. In addition, the law does not provide for the installation of video surveillance
cameras in all areas of police stations and gendarmeries where persons may be held in
custody, including passageways (arts. 11 and 16).
The Committee recommends that the State party make video recording of
interrogations of all persons questioned a standard procedure, and install video
surveillance cameras throughout police stations and gendarmeries in order to extend
and strengthen the protection afforded to detainees in police custody.
Prison conditions and criminal policy
24.
The Committee welcomes the creation of the post of Inspector-General of places of
deprivation of liberty by the Act of 30 October 2007, as well as the steps taken by the State
party to address the critical problem of prison overcrowding, notably by building new
prison facilities, including in its overseas territories. The Committee also takes note of the
State party’s research into the possibility of wider use of alternative non-custodial
measures. However, the Committee is still seriously concerned about the level of prison
overcrowding, which, despite significant improvements in certain establishments, remains
alarming, especially in the overseas territories. While acknowledging the information
provided by the State party in relation to the Ministry of Justice Action Plan of June 2009,
the Committee is also concerned about the reported suicide rate, as well as about the
frequency of violent incidents among detainees (arts. 11 and 16).
In addition to the necessary enlargement of the prison infrastructure undertaken by
the State party, and in the light of the abundant recent criminal legislation aimed at
introducing stricter penalties and reducing recidivism, with as a direct corollary
increased use of custodial sentences, the Committee invites the State party to carry out
a major review of the effects of its recent criminal policy on prison overcrowding, in
the light of articles 11 and 16.
In particular, the Committee recommends that the State party aim for wider use of
non-custodial measures as an alternative to the prison sentences handed down at
present. The Committee further recommends that the State party provide details
about specific action taken regularly to implement the recommendations issued by the
Inspector-General of places of deprivation of liberty following visits, including in the
case of detainees suffering from psychiatric disorders.
Waiting areas
25.
While noting the efforts the State party has made to improve the conditions
prevailing in waiting areas, including those at airports, by setting up a ministerial working
group to deal with the problems of minors in such waiting areas, the Committee remains
deeply concerned about the announcement, in connection with the bill on immigration,
integration and nationality of 31 March 2010, that waiting areas will be set up at all the
State party’s borders for foreign nationals entering outside a border crossing point, which
means that all such waiting persons will fall under a regime devoid of the procedural
guarantees applicable outside such areas, notably the right to see a doctor, to speak to a
lawyer, and to be assisted by an interpreter (arts. 11 and 16).
The Committee recommends that the State party take steps to ensure that living
conditions in waiting areas are in conformity with the requirements of articles 11 and
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