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reports of excessive use of force by the police during some search operations, which has in
some cases led to psychological sequelae for the persons in question. The Committee is
concerned that the use of certain measures under a state of emergency could constitute an
infringement of rights ensured under the Convention. Lastly, the Committee regrets that no
information was provided on complaints filed concerning acts of violence or excessive use
of force during search operations (arts. 2, 11, 14 and 16).
13.
The Committee recommends that the State party take steps to ensure that, in
practice, counter-terrorism measures do not infringe on the exercise of rights
protected under the Convention. In particular, the State party should ensure that all
search operations are conducted in strict respect of the Convention. The Committee
further recommends that the State party should ensure that any victim of excessive
use of force during such search operations is able to file a complaint, that an inquiry is
conducted, that prosecution, as applicable, is pursued and that perpetrators are
punished.
Protection of marginalized individuals and population groups from violence
motivated by hatred
14.
The Committee is concerned about reports of an increase in violence and criminal
acts motivated by hatred against certain vulnerable individuals and population groups in the
State party, including Roma, Muslims, Jews and migrants, particularly since the recent
terrorist attacks which prompted the adoption of the state of emergency (arts. 2 and 16).
15.
The Committee recalls that the protection of vulnerable individuals or groups
who are at risk of ill-treatment is one of the protective measures that the State party
should adopt in light of the Committee’s General comment No. 2 on implementation
of article 2 by States parties. It recommends that the State party intensify its efforts to
prevent violence and criminal acts motivated by hatred and intolerance and prosecute
those responsible for such acts.
Alleged excessive use of force by the police and the gendarmerie
16.
The Committee is concerned by the allegations of excessive use of force by the
police and the gendarmerie, which has in some instances led to serious injuries or death. It
is likewise concerned by: (a) reports of problems faced by victims in filing complaints; (b)
the lack of statistical data on complaints filed that would allow for comparisons with
inquires launched and cases prosecuted; (c) the lack of detailed information on related
convictions of police and gendarmerie officers and the sentences handed down; and (d)
reports of high numbers of cases being dismissed or discontinued, light administrative
sanctions being imposed that are not proportionate to the seriousness of the actions, and a
very small number of court-ordered penalties being imposed upon police and gendarmerie
officers. The Committee is also concerned about the allegations of violence being used
against asylum seekers and migrants, and about their situation in Calais and the surrounding
area (arts. 2, 12 and 13).
17.
The Committee recommends that the State party enhance its efforts to prevent
any excessive use of force by the police and the gendarmerie and to ensure that:
(a)
The necessary steps are taken to guarantee that, in practice, victims of
police violence are able to file complaints, that the complaints are registered and that,
if appropriate, the complainants are afforded protection against any risk of retaliation;
(b) Any case brought to its attention is promptly investigated in an impartial,
independent and transparent manner within a reasonable time frame;
GE.16-09568
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