CAT/C/FRA/CO/4-6
committed in any territory under its jurisdiction, in order to effectively ensure that
the perpetrators of such crimes do not remain unpunished.
32.
Apart from the principle of discretionary prosecution vested in the State prosecutor,
which limits the possibility of prosecution proprio motu, the Committee is concerned about
the consequences of the Léger Report of 1 September 2009, whose findings, if ratified by
Parliament, could ultimately lead to the abolition of investigating judges, which would
mean that all investigations would be directed by the Public Prosecutor’s Office, with direct
consequences for the independence of investigations (arts. 2, 12 and 13).
The Committee invites the State party to take all steps to ensure the independence and
integrity of judicial proceedings, and of investigations by existing independent
supervisory mechanisms, in particular by permitting direct referral and providing
them with the means to carry out their supervisory mission independently, impartially
and transparently.
Right of complaint
33.
The Committee remains concerned about the way cases are referred to the National
Commission on Security Ethics (CNDS), which cannot accept complaints directly from a
person who has been subjected to torture or cruel, inhuman or degrading treatment, but only
through a member of Parliament, the Prime Minister or the Children’s Ombudsman (art.
13).
The Committee recommends that the State party take steps to allow the National
Commission on Security Ethics to accept complaints directly from anyone claiming to
have been subjected to torture or cruel, inhuman or degrading treatment in any
territory under its jurisdiction, in accordance with article 13 of the Convention.
34.
The Committee is concerned about the consequences, as part of the constitutional
reform of 2008, of establishing a “Defender of Rights” (Défenseur des droits) combining,
according to the draft constituting legislation, the mandates of the Ombudsman of the
Republic, the Children’s Ombudsman and the National Commission on Security Ethics.
The plan also appears to include the eventual disappearance of the Inspector-General of
places of deprivation of liberty, whose functions could also be incorporated into the new
institution (art. 13).
The Committee invites the State party to take all necessary measures to ensure the
effective and uninterrupted functioning of the supervisory mechanism established
under the Optional Protocol to the Convention (i.e. the Inspector-General of places of
deprivation of liberty) and of other complementary independent bodies, which, in
addition to their mediating role, have an essential part to play in monitoring rights,
thereby ensuring the implementation of the Convention, each in their particular field
of expertise.
Interim measures of protection
35.
The Committee is concerned that the State party considers that it is not required to
respond to requests for interim measures made by the Committee (with reference to
communications Nos. 195/2002, Brada v. France (17 May 2005) and 300/2006, Tebourski
v. France (1 May 2007)).
Recalling that rule 108 of the Committee’s rules of procedure is specifically intended
to give meaning and scope to articles 3 and 22 of the Convention, which otherwise
would offer asylum-seekers alleging a serious risk of torture only theoretical
protection, the Committee urges the State party to review its policy in this respect, by
GE.10-42584
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