A/65/44 The Committee strongly recommends that the State party consider repealing this provision, which clearly violates the fundamental principle of legality in criminal law, and may potentially conflict with article 16. Use of conducted energy devices during detention (30) The Committee is particularly concerned by the State party’s announcement of its decision to test conducted energy devices (tasers) in places of detention. The Committee notes that the Council of State, in a decision of 2 September 2009, repealed the decree of 22 September 2008 authorizing the use of tasers by municipal police officers. The Committee further notes a lack of detailed information on their use, the status of persons who have already used them, and specific precautions, such as training and supervision of staff concerned (arts. 2 and 16). Reiterating its concern that the use of these weapons may cause severe pain, constituting a form of torture, and in some cases may even lead to death, the Committee would welcome up-to-date information from the State party on the use of this weapon in places of detention. Impartial investigation (31) The Committee remains concerned about the system of discretionary prosecution, which allows the State prosecutor to determine whether or not to prosecute the perpetrators of acts of torture and ill-treatment involving law enforcement officers, or even not to order an investigation, which is clearly contrary to article 12 of the Convention. The Committee further notes with concern the lack of specific, up-to-date information that would make it possible to compare the number of complaints received concerning actions by law enforcement officers that are contrary to the Convention and any ensuing criminal justice or disciplinary responses (art. 12). The Committee reiterates its previous recommendation (CAT/C/FRA/CO/3, para. 20) whereby compliance with the provisions of article 12 of the Convention requires a derogation from the system of discretionary prosecution, so as to oblige the competent authorities to launch impartial inquiries systematically and on their own initiative wherever there are reasonable grounds for believing that an act of torture has been 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). 98 GE.10-44721