CAT/C/MCO/CO/6
(f)
Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women, in 2016.
5.
The Committee also notes with satisfaction:
(a)
The entry into force of Act No. 1.382 of 20 July 2011 on the prevention and
punishment of specific forms of violence, Act No. 1.387 of 19 December 2011 amending
Act No. 1.155 of 18 December 1992 on nationality, Act No. 1.399 of 25 June 2013
amending the Code of Criminal Procedure with regard to police custody, and Act No. 1.410
of 2 December 2014 on the protection, autonomy and promotion of the rights and freedoms
of persons with disabilities;
(b)
The adoption of Act No. 1.409 of 22 October 2014 amending the Act of 23
February 1968 on national and municipal elections and Act No. 1.430 of 13 July 2016 on
various measures relating to the preservation of national security;
(c)
Sovereign Order No. 3.782 of 16 May 2012 on the organization of the prison
and detention system.
6.
The Committee takes note with satisfaction of the organization of various training
and awareness-raising activities on human rights, including for judges and law enforcement
officers. In this regard, the Committee welcomes the training provided in 2012 to
professionals who, because of their occupation, come into contact with victims of violence.
It also notes with satisfaction the appointment, in 2006, of a delegate for persons with
disabilities within the Government, and the inauguration in 2012 of the new Princess
Charlene Home for Children (the former Sainte-Dévote Home) and of a centre for older
persons in 2013. The Committee welcomes Sovereign Order No. 4.524 of 30 October 2013
on the establishment of the Office of the High Commissioner for the Protection of Rights
and Freedoms and Mediation.
C.
Principal areas of concern and recommendations
Pending follow-up issues from the previous reporting cycle
7.
While taking note of the information provided by the State party on 6 June 2012
concerning implementation of the recommendations contained in paragraphs 9 (nonrefoulement), 10 (detention conditions) and 11 (domestic violence) of the previous
concluding observations (CAT/C/MCO/CO/4-5), the Committee regrets that adequate
measures were not taken to address the concerns raised in paragraph 9 and that insufficient
measures were taken to address those raised in paragraph 10.
Definition and penalization of torture
8.
While noting that: (a) article 20 of the Constitution expressly prohibits cruel,
inhuman and degrading treatment and that the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment has been enforceable in Monaco since
1992; (b) the Monegasque courts employ a broad interpretation of the term “torture and
cruel, inhuman or degrading treatment or punishment”; and (c) the Criminal Code provides
for a harsher penalty in such cases, the Committee regrets the absence, in the Criminal
Code, of a definition of torture in full conformity with article 1 of the Convention, and the
lack of a specific provision establishing torture as a separate offence. It also remains
concerned that Monegasque legislation does not recognize the crime of torture as not being
subject to any statute of limitations or the principle of the invalidity of statements obtained
by torture (arts. 1, 4 and 15).
2
GE.17-00420