United Nations Human Rights Website - Treaty Bodies Database - Document - Sessional/Annual Report of Committee -
12. The Committee against Torture, acting under article 22, paragraph 7, of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, is of the view that the facts
as found by the Committee do not reveal a breach of article 3 of the Convention.
[Done in English, French, Russian and Spanish, the English text being the original version.] 6.
Communication No. 46/1996
Submitted by: Cyril Le Gayic et al. (represented by counsel)
Alleged victim: The authors
State party: France
Date of communication: 5 February 1996
The Committee against Torture, established under article 17 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 9 May 1997,
Adopts the following decision:
Decision on admissibility
1. The communication is presented by counsel on behalf of Mr. Cyril Le Gayic and 12 other individuals,
French citizens, residing in Papeete, Tahiti. They claim to be victims of violations by France of articles
16, 10, 11, 12 and 13 of the Convention against Torture.
The facts as presented by the authors
2.1 Following the resumption of nuclear tests in the Pacific by France, riots took place in Tahiti on 6
September 1995. The union A TI'A I MUA, which had called for a strike that day, was held responsible
for the riots by the authorities. On 9 September 1995, the members of the Executive of the union were
meeting at the organization's office in Papeete. Around 1 p.m., when the participants were preparing for
a press conference to be held at 3 p.m., mobile guards in battledress invaded the premises. They ordered
the unionists to line up against the wall, legs apart and hands behind their heads. The unionists complied
without resistance, but were bludgeoned by the police nevertheless. Then they were handcuffed two by
two, led out of the building, thrown in a van and transported to the police station in the Avenue Bruat.
2.2 Once there, they were handcuffed individually and ordered to kneel in the parking lot, with the sun
full in their faces. Those who had difficulty in kneeling were beaten with bludgeons or kicked. About 45
minutes later they were brought to the barracks and detained. They were not given any food or drink and
were prevented from sleeping. They remained handcuffed and supervised, even when going to the toilet.
No medical assistance was given. Some of them were released in the night of 9 September, without
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/de75e94f920bd0a0802565a600537744?Opendocument (102 of 109)16/10/2006 9:54:12 AM
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents