A/65/44
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
considering requests for interim measures in good faith and in accordance with its
obligations under articles 3 and 22 of the Convention.
Human trafficking
(36) The Committee is concerned at the lack of information provided by the State party
regarding the problems of human trafficking and sexual exploitation. The Committee has
not yet been adequately informed regarding the prevalence of these practices, nor regarding
the measures taken by the State party to combat the trafficking of women and children on
its territory (arts. 2 and 16).
The Committee recommends that the State party adopt a national plan aimed at
combating the trafficking of women and children in all its forms, which would include
both measures of criminal justice concerning the prosecution of traffickers and
measures for the protection and rehabilitation of victims. The Committee
recommends to that end that the State party strengthen its international cooperation
with the countries of origin, trafficking and transit, and see to the allocation of
sufficient resources for policies and programmes in this area. The Committee also
recommends that the State party keep it informed of developments in this respect.
(37) The Committee recommends that the State party include in its next periodic report
data disaggregated by age, gender and ethnicity on:
(a)
The number of complaints received containing allegations of torture or cruel,
inhuman or degrading treatment;
GE.10-44721
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