A/65/44
absolute protection against the risk of persons being returned to a State where they might be
tortured. This is borne out by the absence of precise information regarding the documentary
sources used in drawing up the list of “safe countries of origin” or how often the list is
updated. Moreover, it is interesting to note that, according to OFPRA, refugee status or
subsidiary protection was granted to around 35 per cent of persons from so-called “safe
countries of origin” in 2008 (art. 3).
The Committee reiterates its recommendation that the State party take appropriate
measures to ensure that applications for asylum by persons from States to which the
concepts of “internal asylum” or “safe country of origin” apply are examined with
due consideration for the applicant’s personal situation and in full conformity with
the provisions of article 3 of the Convention.
(18) The Committee deplores the fact that it has received several documented allegations
regarding the return of persons to countries where they risked being subjected to acts of
torture or cruel, inhuman or degrading treatment or punishment, and from persons sent back
to their country of origin who reported being arrested and subjected to ill-treatment on
arrival, in some cases despite interim protection measures ordered by the Committee or the
European Court of Human Rights (art. 3).
The Committee reiterates its recommendation that the State party take the necessary
steps to guarantee at all times that no person is expelled who is in danger of being
subjected to torture if returned to a third State.
Universal jurisdiction
(19) While acknowledging that any person present in French territory who is suspected of
having committed acts of torture may be prosecuted and tried in the State party under the
French Code of Criminal Procedure, the Committee nevertheless remains concerned about
the limitations that the bill imposes on the scope of universal jurisdiction, in particular by
introducing a requirement for suspects to be normally resident in France. The Committee is
also concerned that the bill to bring French law into line with the Rome Statute of the
International Criminal Court is still not on the National Assembly’s agenda for adoption,
despite having been adopted by the Senate in June 2008 (arts. 5, 6, 7 and 13).
The Committee reiterates its recommendation that the State party guarantee the right
of victims to effective remedy against violation of the Convention, in particular by
establishing its jurisdiction over any offence committed by a suspect present in its
territory, in accordance with article 5 of the Convention. The Committee further
recommends that the normal residence requirement for alleged perpetrators be
replaced by a requirement that they be simply present in the territory, in accordance
with article 6.
Training of law enforcement officers
(20) The Committee takes note of the information provided by the State party regarding
the new initial training curricula for officers and constables, and of the fact that the Prisons
Act of 24 November 2009 has introduced a Code of Ethics for the prison service, but it
remains concerned at the lack of information received about the content of initial and inservice training on the human rights instruments. The Committee would particularly
appreciate details of training protocols and of any subsequent evaluation of the training
performed (art. 10).
The Committee would like more information concerning the State party’s evaluation
of the training given to police, prison and medical officers, with reference to specific
indicators. The Committee also recommends that the Istanbul Protocol (Manual on
the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment) be made part of staff training.
94
GE.10-44721
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