France
Torture is always unjustifiable for a simple reason…we can’t fight terrorism
using the rules of terrorism. The day that democracy strays by using methods
that are undemocratic, the terrorists have won. So torture is never justified,
justifiable, explicable, tolerable.
—Nicolas Sarkozy, President of France (then Interior Minister), February
2006122
We work enormously with partner intelligence services, it has become our
daily bread, absolutely necessary.
—Pierre de Bousquet de Florian, former head of a French intelligence
service123
France is a party to major human rights instruments imposing clear obligations with respect
to the prevention, prosecution and eradication of torture.124 National law authorizes
universal jurisdiction over torture.125
Priding itself on being the cradle of human rights and the birthplace of modern
humanitarianism, France has been at the forefront of efforts to advance respect for
international human rights law, as well as expand its boundaries, worldwide. France played
a critical role in the drafting and adoption of the 2006 International Convention for the
Protection of All Persons from Enforced Disappearance, an important instrument in the
struggle to prevent torture. France also contributes to the UN Voluntary Fund for Victims of
Torture.
France ratified the Optional Protocol to the Convention against Torture in November 2008,
having created in July of the same year the institution of the Controller-general for places of
deprivation of liberty (Contrôlleur général des lieux de privation de liberté) as the national
122
Nicolas Sarkozy, then interior minister, interview on RCM radio, February 16, 2006,
http://sarkozyblog.free.fr/index.php?2006/02/13/243-quand-nicolas-sarkozy-donne-la-parole-aux-francais (accessed
September 7, 2009).
123
“La menace terroriste très élevée en France,” Le Figaro, November 9, 2006,
http://www.lefigaro.fr/france/20060911.WWW000000426_la_menace_terroriste_tres_elevee_en_france.html (accessed
September 22, 2009).
124
ICCPR, ratified by France November 4, 1980, Convention against Torture, ratified by France February 18, 1986; ECHR,
ratified by France May 3, 1974.
125
Article 689 (1) and (2) of the French Criminal Code of Procedure.
“No Questions Asked”
44
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