CAT/C/FRA/CO/7
request is rejected by the French Office for the Protection of Refugees and Stateless
Persons under the fast-track procedure.
6.
The Committee welcomes the participation and contribution of the National Human
Rights Advisory Commission, the Inspector General of Places of Deprivation of Liberty
and the NGO sector during the review of the State party’s seventh periodic report.
C.
Principal subjects 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 22 June 2011
concerning implementation of the recommendations contained in paragraphs 21, 24 and 28
of the previous concluding observations (CAT/C/FRA/CO/4-6), the Committee regrets that
adequate measures were not taken to address the entirety of the concerns raised.
Definition and imprescriptibility of torture
8.
The Committee is concerned that, notwithstanding its previous recommendations
(see CAT/C/FRA/CO/4-6, para. 13), the State party continues to consider that the
provisions of article 222-1 of its Criminal Code, which classify as crimes all “acts of torture
and of barbarity”, as interpreted by its courts, meet the requirements of the definition
provided in article 1 of the Convention. The Committee observes that article 222-1 does not
provide a definition of torture and it regrets that the State party has not included such a
definition in its criminal legislation. While taking note of the Court of Cassation ruling
dated 21 April 2016, in which the Court acknowledged that the Criminal Code did not
define the acts of torture and barbarity that it was classifying as crimes and made a brief
reference to article 1 of the Convention, the Committee is of the view that it cannot be
deduced therefrom that the Criminal Code is in conformity with article 1 of the Convention.
Notwithstanding the explanations provided by the delegation, the Committee finds it
regrettable that the State party has not made torture an imprescriptible offence (art. 1).
9.
The Committee reiterates its recommendation that the State party incorporate
into its criminal legislation a definition of torture that includes all the elements set
forth in article 1 of the Convention. The Committee also reiterates its
recommendation that the State party make torture an imprescriptible offence.
Basic legal safeguards
10.
While noting that, under article 63-3-1 of the Code of Criminal Procedure, persons
are entitled to be assisted by a lawyer from the moment they are taken into police custody,
the Committee remains concerned that, in cases involving terrorism or organized crime,
access to a lawyer may be postponed for up to a maximum of 72 hours and that this
measure may not be appealed (arts. 2 and 11).
11.
The Committee recommends that the State party amend its Code of Criminal
Procedure to guarantee access to a lawyer for persons taken into police custody from
the outset of detention and in all cases.
State of emergency
12.
While noting that the State party has instituted legislative and administrative
measures to expand the powers of its authorities as part of the fight against terrorism, in
particular the state of emergency declared on 14 November 2015, which was extended by
legislation dated 20 November 2015 and 20 February 2016 and was still in effect in May
2016, and recalling the non-derogatory nature of torture, the Committee is concerned by
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