CAT/C/MCO/CO/6
not formally enshrined in law. The Committee is also concerned about the fact that
conditions of detention in France, in particular with regard to the prison in Nice, where
there is significant overcrowding, as reported by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT/inf (2013)
39), could cause harm to individuals convicted in Monaco and transferred to France (art.
11).
19.
The State party should take urgent measures to:
(a)
Ensure that Monegasque enforcement judges may conduct follow-up
visits of prisoners serving their sentences in France and submit the reports on these
visits to the Committee;
(b)
Formally establish by law the need to obtain the explicit consent of a
person convicted in Monaco to his or her transfer to France, in accordance with the
Committee’s previous recommendations (CAT/C/MCO/CO/4-5, para. 10);
(c)
Implement the procedure for the exchange of administrative letters
between the French Ministry of Justice and the Monegasque Director of Judicial
Services.
Redress for victims of torture
20.
The Committee notes that Act No. 1.382 of 20 July 2011 on the prevention and
punishment of specific forms of violence does not include specific provisions on redress
and compensation for victims of torture or ill-treatment, including in the event of the death
of the victim as a result of an act of torture, but that it does allow certain associations to
bring criminal indemnification proceedings on behalf of victims. Despite the fact that the
common redress scheme applies to victims of torture, the Committee remains concerned
about the fact that victims do not have access to a specific mechanism of redress, including
such forms of reparation as rehabilitation, satisfaction and non-repetition (art. 14).
21. The Committee reiterates its previous recommendations (CAT/C/MCO/CO/4-5,
para. 12) and requests the State party to adopt specific provisions on redress and
compensation for victims of torture or ill-treatment. The Committee draws the
attention of the State party to its general comment No. 3 (2012) on implementation of
article 14 by States parties, which explains the content and scope of the obligations of
States parties to provide full redress to victims of torture.
Training
22.
While noting with satisfaction that human rights officers have held conferences for
officials and judicial personnel of Monaco, the Committee regrets that no direct reference
was made to the Convention or to the prohibition of torture in the training courses given to
judges, law enforcement officials and other professionals (art. 10).
23.
The State party should continue to develop training programmes and
strengthen existing ones to ensure that all officials, including judges, law enforcement
officials and other professionals, are familiar with the Convention. The Committee
reiterates its previous recommendations (CAT/C/MCO/CO/4-5, para. 13) and
requests the State party to provide specific training to those persons, including healthcare professionals, who are in contact with prisoners and asylum seekers, on how to
identify signs of torture and ill-treatment. This should include an introduction to the
use of the Manual on the Effective Investigation and Documentation of Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul
Protocol).
GE.17-00420
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