CAT/C/FRA/CO/4-6
16 of the Convention, ensuring in particular that minors are shielded from acts of
violence by maintaining a strict segregation between minors and adults, and
rigorously applying the provisions stipulating that an ad hoc guardian must be
assigned to all minors and that any removal proceedings must guarantee their safety,
taking account of their vulnerability and with due respect for their person. In
addition, the State party is encouraged not to extend the current waiting areas, and to
pay particular attention to the implementation and follow-up of the recommendations
made by the Inspector-General of places of deprivation of liberty after visits to
existing waiting areas.
Suicide in custody
26.
The Committee is deeply concerned by the fact that the State party is described as
one of the countries of Europe with the highest number of suicides in prisons. Furthermore,
according to the figures provided to the Committee, more than 15 per cent of the prisoners
who took their own lives in 2009 were being held in disciplinary blocks at the time (art.
16).
The Committee recommends that the State party take all necessary measures to
prevent suicide in custody. In addition, it should, under the supervision of the Public
Prosecutor, take steps to ensure that solitary confinement remains an exceptional
measure of limited duration, in line with international standards.
Imposition of differing detention regimes
27.
The Committee is concerned to note that the Prison Act of 24 November 2009
appears to give the prison authorities broad discretion, under article 89, to place prisoners
under different detention regimes on the basis of a classification according to subjective
criteria such as a prisoner’s personality or the danger he might represent. A regime of this
kind can by definition lead to arbitrary treatment of prisoners in the course of their
sentences. It is possible, for example, to envisage a situation in which a disciplinary
punishment or denial of access to certain entitlements while in detention could, if repeated
and imposed without due justification or in an arbitrary manner, constitute cruel, inhuman
or degrading treatment or punishment under article 16 (art. 16).
The Committee encourages the State party to take appropriate steps to exercise
supervision over the discretionary element of the powers vested in the prison
authorities, and the corresponding risk of arbitrary action. Such supervision should
be exercised through regular visits by existing independent supervisory mechanisms,
which should in turn immediately report to the competent judicial authorities any
irregularity or practice that could be considered an arbitrary measure, particularly
when the measure in question involves solitary confinement.
Body searches
28.
The Committee takes note of the information submitted by the State party to the
effect that the current search procedure under the Prisons Act of 24 November 2009 is more
restrictive than the previous one. In the light of two judgements of the European Court of
Human Rights (in Khider v. France and Frérot v. France), the Committee nevertheless
remains concerned at the intrusive and humiliating nature of body searches, especially
internal. The Committee is further concerned that the procedure regulating the frequency
and methods of searches in prisons and detention centres is determined by the prison
authorities themselves. Furthermore, the Committee is concerned at the lack of information
available regarding the follow-up to Khider v. France and Frérot v. France, particularly at
the lack of indicators allowing an assessment to be made of any future risk of a violation of
article 16 occurring as a result of body searches (art. 16).
GE.10-42584
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