CAT/C/FRA/CO/4-6
event of return, which requires, among other things, the gathering of evidence and
testimony, as well as other documentation from their country of origin (art. 3).
Like the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT) following its visit to France, from 27
September to 9 October 2006, the Committee recommends that the State party allow
sufficient time and provide all essential procedural guarantees for asylum applicants
held in an administrative holding centre, without, however, unduly extending the
holding period on that account.
17.
Since issuing its previous observations and recommendations, the Committee
remains concerned at the provisions of the Act of 10 December 2003 that introduce the
concepts of “internal asylum” and “safe countries of origin”, which do not guarantee
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.
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