CAT/C/MCO/CO/4-5
Non-refoulement
9.
The Committee regrets that an appeal to the Supreme Court against a return
(refoulement) or expulsion order has suspensive effect only if combined with a motion to
stay execution. Moreover, given that the granting of refugee status in Monaco is subject to
approval by the French Office for the Protection of Refugees and Stateless Persons
(OFPRA), the Committee regrets the lack of follow-up by the State party to asylum
applications dealt with by the French authorities, and also notes the practical difficulties
facing asylum-seekers in Monaco who wish to appeal against a rejection of their application
(art. 3).
The State party should establish a mechanism for following up on the cases of asylumseekers dealt with by the French Office for the Protection of Refugees and Stateless
Persons. It should also ensure that appeals against return (refoulement) or expulsion
orders automatically have suspensive effect, in order to uphold the principle of nonrefoulement. Moreover, although foreigners are expelled or returned only to France,
which is also a party to the Convention, the Committee is particularly concerned at
the lack of follow-up in cases of expulsion concerning, inter alia, non-European
nationals who could subsequently be expelled to a State where they might be in danger
of being subjected to torture or ill-treatment.
Monitoring detention conditions
10.
The Committee notes that the State party has entered into negotiations with the
French authorities on an agreement that will set out the details of a “right to visit” for
prisoners convicted by the Monegasque courts and serving their sentence in a French penal
institution. However, the Committee is concerned at the lack of monitoring in the case of
prisoners held in France, and regrets that the practice of obtaining the express consent of a
person convicted in Monaco to his/her transfer to France is not formally enshrined in law
(art. 11).
The State party should establish a body that reports directly to the Monegasque
authorities to facilitate monitoring of the treatment of such prisoners and the
conditions in which they are held. The State party is encouraged to incorporate in the
agreement with France a clause requiring the express consent of convicted prisoners
to their transfer.
Domestic violence
11.
The Committee notes that Bill No. 869, on efforts to combat and prevent specific
forms of violence against women, children and persons with disabilities, was submitted to
the National Council in October 2009. It remains concerned, however, at the delay in the
process of adopting this important legislation (arts. 2, 13, 14 and 16).
The State party should ensure that Bill No. 869 is adopted quickly in order to prevent
and combat all forms of violence against women, children and persons with
disabilities. It should also ensure that corporal punishment for children is explicitly
prohibited in all areas of life and that domestic violence is punished. The Committee
further recommends that the State party should organize training or awarenessraising campaigns aimed specifically at informing victims of domestic violence about
their rights.
Redress for victims of torture
12.
Despite the fact that there were no allegations of torture during the reporting period,
the Committee is concerned about the absence of specific provisions on redress and
compensation for victims of torture or ill-treatment (art. 14).
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