Source: United Nations – Geneva

The Committee against Torture today concluded its consideration of the eighth periodic report of France under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, with Committee Experts praising the State’s engagement with the review process, and raising questions about prison overcrowding and excessive use of force by the police.

Abderrazak Rouwane, Country Co-Rapporteur and Committee Expert, commended France’s strong engagement with the review process, with the participation of a large, high-level delegation, the national human rights institution and civil society.

Mr. Rouwane said conditions in French prisons were very concerning, with serious overcrowding. There were over 79,000 prisoners, although there were only 61,000 prison places, and there were reports of rodent, cockroach and bedbug infestations, poor sanitation facilities, and a lack of penitentiary staff.  What measures were in place to prevent prison occupancy from exceeding 100 per cent?

Jorge Contesse, Country Co-Rapporteur and Committee Expert, said excessive use of force by French police officers at road checks and during protests had in certain cases led to serious injury and death.  A 2017 law allowed police officers to fire on civilians if they believed that they posed a significant threat, which reportedly influenced the rise in deaths caused by police officers since 2017.  What measures were in place to prevent excessive use of force by the police?

Introducing the report, Isabelle Rome, Ambassador for Human Rights, Ministry for Europe and Foreign Affairs of France and head of the delegation, said France was working to fight against prison overcrowding and improve prison conditions.  The Ministry of Justice was developing alternatives to incarceration, strengthening early release mechanisms and constructing prison buildings to create 15,000 additional places.  Some 6,500 new places had been created and 17 new detention facilitates had been established thus far.

The delegation added that a 2019 law scrapped prison terms of less than one month, while a 2021 law strengthened mechanisms for early release such as bail and a 2023 law promoted alternatives to detention, such as house arrests with electronic tags and community service

On excessive use of force by police officers, Ms. Rome said various training activities had been conducted for State officials on human rights and the prevention of violence. The police code of ethics stated that force was to be used only when necessary and proportionate to the seriousness of the threat.  France had also reformed its doctrine of policing demonstrations, guaranteeing the rights to freedom of peaceful assembly.

The delegation added that the judiciary imposed proper sanctions for cases of excessive use of force, including imprisonment.  There were 350 cases of excessive use of force in 2021.  In 96 per cent of convictions, perpetrators were imprisoned; the average prison term was 15 months.

In closing remarks, Erdogan Iscan, Committee Vice-Chair and acting Chair for the dialogue, expressed appreciation for the delegation’s active engagement in the constructive dialogue.  The Committee’s recommendations would aim to improve the implementation of the Convention in the State party and eliminate obstacles.

In her concluding remarks, Ms. Rome said that the Committee’s painstaking work would inspire the State party in its future endeavours.  Its recommendations would be closely scrutinised by the State party.  France would continue to promote the Convention and combat torture around the world.

The delegation of France consisted of representatives from the Ministry for Europe and Foreign Affairs; Ministry of Overseas Territories; Ministry of the Interior; Ministry of Justice; Ministry of the Armed Forces; Ministry of Health and Prevention; French Office for the Protection of Refugees and Stateless Persons; and the Permanent Mission of France to the United Nations Office at Geneva.

The Committee will issue concluding observations on the report of France at the end of its eighty-second session on 2 May.  Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the website of the session.  Summaries of the public meetings of the Committee can be found here, and webcasts of the public meetings can be found here.

The Committee will next meet in public on Wednesday, 23 April at 10 a.m. to consider the third periodic report of Turkmenistan (CAT/C/TKM/3).

 

Report

The Committee has before it the eighth periodic report of France (CAT/C/FRA/8).

Presentation of Report

ISABELLE ROME, Ambassador for Human Rights, Ministry for Europe and Foreign Affairs of France and head of the delegation, said respect for human rights and the prohibition of any act of torture or inhuman and degrading treatment were priorities in France’s foreign policy.  On the seventy-fifth anniversary of the Universal Declaration of Human Rights, the President made concrete commitments, such as the organisation of the ninth World Congress Against the Death Penalty in Paris in 2026.  On the fortieth anniversary of the Convention in 2024, France issued a statement reaffirming its support for the universalisation and implementation of the Convention and its Optional Protocol. Together with its partners, France organised the first World Congress on Enforced Disappearances in Geneva at the end of January 2025. 

As a member of the Global Alliance for Torture-Free Trade, France would continue to support the development of an international and binding legal instrument on trade in goods which could be used for capital punishment or torture.  While France already applied European provisions on such trade, regulating trade in such goods at the international level would be a crucial step towards eradicating torture and ill-treatment globally.

France had strengthened its public policies regarding torture and other cruel, inhuman or degrading treatment since its last report in 2020.  Various training activities for State officials on human rights and the prevention of violence had been increased.  The Code of Ethics of the National Police and the National Gendarmerie stated that force was to be used only within the framework set by law, only when necessary, and proportionate to the seriousness of the threat.  Judicial authorities investigated the most serious cases of alleged crimes and misdemeanours by police officers.  The State had also reformed its doctrine of policing demonstrations, guaranteeing the rights to freedom of expression and peaceful assembly.

The legal framework guaranteed the right of persons in police custody to notify any person of their choice, the right to a doctor, the right to silence, and the right to be immediately assisted by a lawyer.  France was also working to fight against prison overcrowding and improve prison conditions.  It adopted a preventive remedy mechanism in April 2021 to guarantee the right to respect for dignity in detention and a decree in June 2023 on legal aid.  In addition, the Ministry of Justice was developing alternatives to incarceration, strengthening early release mechanisms and constructing prison buildings to create 15,000 places.  Measures had been put in place to increase access to psychiatric care in prisons and to control the use of solitary confinement.  The policy to combat suicide in prisons was bearing fruit, and measures to prevent and punish gender-based violence against intersex and transgender people had been implemented.  Further, at psychiatric establishments, structural reforms and significant financial measures had been taken to strengthen care and the training of caregivers.

The immigration law of January 2024 introduced several significant advances: the creation of “France asylum” spaces and territorial chambers of the National Court of Asylum, simplification of immigration litigation, more effective protection of the most vulnerable asylum seekers, the cessation of detention of families with minors, and the creation of a fine for employers who used the work of foreigners without a residence permit in France.

France was under no obligation under the Convention to remove the statute of limitations on the offence of torture.  However, the offence of torture as a predicate offence of the crime against humanity remained imprescriptible.

In December 2023, France presented its third national plan to combat the exploitation and trafficking of human beings, for the years 2024 to 2027, consisting of 60 measures, the follow-up of which would be coordinated by an interministerial committee.  The Central Office for the Repression of Trafficking in Human Beings had also developed a strategy to combat the prostitution system and sexual exploitation.

France was more committed than ever to the fight against discrimination, hate crimes and hate speech, in particular acts committed online.  A national unit for the fight against online hate was created within the Paris Public Prosecutor’s Office in 2020.  The National Plan for Equality developed for the period 2023-2026 included concrete and ambitious actions to eradicate the scourge of hatred and violence.  In May 2024, the President announced the creation of a new non-governmental organization, the Christchurch Call Foundation, to eliminate terrorist and violent extremist content online.  A May 2024 law was also introduced to regulate the digital space to strengthen the repression of hate speech.

In New Caledonia, the Government had been particularly active to guarantee the safety of people during the recent riots.  Emergency measures, for the benefit of the economic world and local authorities, had been deployed.  The working mission set up by the Head of State was engaging in dialogue with the local political forces, in the spirit of the Nouméa Accords.  In Mayotte, France had carried out operations aimed at restoring public order and combatting illegal immigration, and had accelerated the processing of asylum applications.  It was also heavily mobilised in the aftermath of Cyclone Chido. France remained committed to supporting the people of Mayotte in this ordeal by mobilising all the resources necessary for reconstruction and the restoration of daily life.

Nine years after France’s last examination before this Committee and five years after the publication of its national report, France was staying the course to ensure that progress was made in the fight against torture and other forms of cruel, inhuman and degrading treatment, in France and internationally.

Questions by Committee Experts

JORGE CONTESSE, Committee Expert and Country Co-Rapporteur, said France’s Criminal Code criminalised torture but did not specifically define the crime. The State needed to integrate a definition that was in line with article one of the Convention.  Why was the State party reluctant to have a stand-alone definition of torture, unlike other common law countries?  What court rulings had included specific definitions of torture? Why had France refused to remove the statute of limitations on torture crimes unless the crime was a crime against humanity?

Reportedly, there were excessive delays in police informing detainees of their rights, particularly for arrests after demonstrations.  There were reports of excessive arrests to dissuade protesters.  Police custody lasted up to 48 hours, but this could be extended to 96 hours for serious offences.  The Committee was concerned by reported plans to increase the length of police custody, and reports of excessive handcuffing and poor training of police on custody regulations.  Was training on police ethics provided only on recruitment or continuously?  Was training provided on the Istanbul Protocol? Were there plans to introduce tools to monitor torture and other cruel, inhuman or degrading treatment in police custody?

Excessive use of force by French police officers at road checks and during protests had in certain cases led to serious injury and death.  What measures were in place to prevent excessive use of force?  One man of African descent had died in 2016 following arrest, and no one had been held accountable.  There were grounds to believe that there was a lack of proper training on excessive use of force.  A law of 2017 allowed police officers to fire on civilians if they believed that they posed a significant threat.  This law had reportedly influenced the rise in deaths caused by police officers since 2017.  Had the State party implemented measures to address racism in the police force?  What were the findings of the 2024 thinktank established to assess the increase in incidents of excessive use of force? What measures were in place to prevent excessive use of force by the police and what penalties were issued to perpetrators?

In New Caledonia, eight Kanak protesters were killed by French officials under the state of emergency.  A large number of protesters were arrested and many claimed to have been beaten by police officers.  Why were detained persons taken to mainland France?  Why did the State party refuse to recognise the rights of indigenous peoples on French territory?

Restrictions on immigration had reportedly increased due to a recent law on immigration control.  The fast-tracked procedure introduced by this law gave asylum seekers less time to prepare their cases.  What was the State party’s view of these legal changes?  How were lawyers who represented asylum seekers chosen and how was their performance assessed?  There were concerns about unlawful deportations and failure to respect the rights of asylum seekers.  France had forcibly expelled over 3,500 asylum seekers without sufficiently assessing the risks that they faced in their home countries.  What measures were in place to prevent forced expulsions? Would the State party respect the rulings of the European Court of Human Rights in this regard?  How many appeals had been made against forced removals and what were their outcomes?

State law was clear that French courts could prosecute people pursuant to the Convention for torture crimes committed outside of France; why did the same provisions not apply on crimes committed domestically?  France had called for the arrest of the President of the Russian Federation under the Rome Statute in 2024 but had stated that the President of Israel was immune to the International Court of Justice’s arrest warrant.  Why did its position differ for these two leaders?

ABDERRAZAK ROUWANE, Committee Expert and Country Co-Rapporteur, welcomed that the State party had provided detailed responses to the list of issues.  He also commended France’s strong engagement with the review process, with the participation of a large, high-level delegation, the national human rights institution and civil society.

Nothing justified the violence that had been seen since Sunday in prisons against penitentiary staff in France, but conditions in prisons were very concerning, with serious prison overcrowding.  There were over 79,000 prisoners in France, although there were only 61,000 prison places. The overcrowding rate was 150 per cent on average, and one prison had a rate of over 300 per cent.  There had been a 5.6 per cent increase in pre-trial detainees in 2024 compared to 2023.  There were reports of rodent, cockroach and bedbug infestations in prisons, poor sanitation facilities, a lack of access to natural light, and a lack of penitentiary staff. 

What measures were in place to develop a law to prevent prison occupancy from exceeding 100 per cent?  Detainees were not informed about the complex complaints’ mechanisms available.  What measures would the State party take to bolster non-custodial alternatives and reduce the use of pre-trial detention? How did the State party ensure that full body searches were only conducted when necessary and prevent excessive night surveillance activities?  What was the legal framework related to body searches, night searches, and the complaints mechanism for prisoners?

Prison overcrowding inhibited prisoners’ access to medical services.  Detainees needed to send written advanced requests for medical check-ups and there was a high rate of cancellation of medical transfers due to logistical difficulties.  Detainees with psychosocial disabilities were disproportionately represented in prisons. What steps had been taken to improve access to medical services in prisons and to prevent the incarceration of persons with psychosocial disabilities?  The number of suicides in places of deprivation of liberty in 2024 had increased compared to 2023, despite measures implemented to prevent them. How many investigations had been opened into suicides, and how many staff had been convicted related to prison deaths?

Disciplinary seclusion measures were reportedly excessively used in places of deprivation of liberty.  How was the State party addressing this issue?  The law provided a maximum duration of solitary confinement for up to 30 days. What measures would the State party take to ban solitary confinement for minors aged between 16 and 18 and persons with psychosocial disabilities? 

Maximum security wings had been established for persons accused of terrorism that were tantamount to solitary confinement.  Detainees were systematically handcuffed when guards carried out random checks and there were frequent full body searches.  What measures were in place to increase human contact for persons in these wings and to protect their rights?  How would the State party prevent the unnecessary detention of persons with disabilities and ensure that such people had access to the necessary support and facilities that they needed?

Police custody facilities were small and inappropriate, with overcrowding, poor sanitation facilities, unwashed blankets and lack of access to drinking water.  In one case, a detainee had spent the night handcuffed to a waiting bench rather than being placed in a cell.  How would the State party ensure that handcuffs were used only as provided for in law, improve detainment facilities, and strengthen training for police officers on detainees’ rights?

The Committee welcomed the 2024 ban on administrative detention for children.  However, administrative detention centres increasingly resembled prisons, with poor facilities, insufficient provision of food, and wire cages for detainees.  How would the State party improve conditions in administrative detention and prevent the detention of unaccompanied minors in Mayotte?

There were 112 holding areas at ports on French territory.  Some 8,600 persons were held in these areas in 2023, where conditions were reportedly worsening.  There was no separation of men, women and children, and it was hard for detainees to access health care and psychological care, leading to suicides.  There were also reports of detained persons being subjected to violence.  How would the State party encourage civil society organizations and oversight bodies to visit these areas?  How would it improve conditions and access to support services and prevent the detainment of children in these areas?

There were around 500 incidents reported to the Ombudsman in 2023 related to the excessive use of force by police officers.  Administrative penalties had been issued to police officers in around 40 cases.  The rate of prosecutions for such cases had fallen between 2016 and 2021.  Why was this?  The Committee was concerned by the increase in the use of tasers.  Three people were seriously injured in 2023 by tasers.  A 30-year-old man’s heart had stopped twice after police used a taser on him.  How did the State party ensure that the use of tasers followed principles of proportionality?

Another Committee Expert cited reports that police identity checks disproportionately targeted persons belonging to racial and ethnic minorities, particularly Black and Arab persons.  Would the Government take measures to ensure that police used stop-and-search measures in strict compliance with international law?  What oversight was there of these practices?

One Committee Expert asked about measures to properly investigate cases of sexual violence and to strengthen support services for victims of sexual violence and incest. There were reports of mothers being criminalised for child abduction in cases where they sought to protect their children from abusive fathers.  How would the State prevent the prosecution of mothers in such cases?  Could the State party provide information on investigations into cases of sexual violence committed by French troops in the Central African Republic?  What safeguards were in place to ensure consent for medical procedures on intersex persons?

A Committee Expert asked about pre-deployment training provided to French peacekeepers on international humanitarian law.  What training did police receive on the use of tasers and other equipment?  The United Nations General Assembly had called on States to prevent and prohibit trade in equipment for the purposes of torture. What legal and policy measures were in place in this regard?

One Committee Expert said that in recent years, the Government had initiated fewer investigations into trafficking and prosecuted fewer traffickers.  Enforcement authorities reportedly continued to arrest child victims of forced begging and deport undocumented minors from Mayotte without investigating whether they were victims of trafficking.  How was this being prevented?

Responses by the Delegation

The delegation said France believed that the Criminal Code covered the provisions of the Convention; there was thus no need to revise it.  There was a 2022 court of cassation ruling that included a definition of torture that was in line with that of the European Convention on Human Rights.  The crime of torture was not time-barred when it was part of a crime against humanity or genocide.  The statute of limitations lasted for 20 years from the commission of the crime; the State party believed that this was long enough.

There had been major reforms to police custody legislation that allowed for immediate access to lawyers from the moment of detention.  Persons in detention could inform third parties of the detention and needed to be immediately informed of their rights.  Police custody was rendered void if it did not respect legal regulations.  It could not exceed 24 hours, but could be extended by courts in certain situations, such as in cases of drug trafficking and terrorism due to the complex nature of investigations.  Preventative arrest was illegal in France.

Respect for human dignity and hygiene in places of deprivation of liberty was a priority for the State party.  It was modernising police detention facilities, installing floor heating, and expanding cell sizes.  The Police Commissioner and the Head of the Gendarme Brigade were responsible for ensuring appropriate detention conditions and regular cleaning.  There were regular inspections of the gendarmerie and police stations.  The percentage of blankets that had been washed had increased between 2016 and 2021, and single-use blankets were also being used.  Water was not available in cells for security reasons, but police were required to provide water to detainees when they asked for it. Persons were not to be placed in cells with blocked toilets.  Around 90 per cent of facilities had hygiene kits.

There was initial training for police and gendarmerie officers on regulations related to arrests, ethics and appropriate use of force, and additional training was provided to officers upon promotion.  Officers who handled weapons needed to go through training each year on rules related to the use of weapons.  Work psychology programmes had been set up that promoted de-escalation and delaying the use of weapons.  Victims’ associations provided testimony during training courses. 

The national training college for prison guards provided theoretical training on European legislation on human rights and the use of force, and virtual reality helmets were used in practical training for guards on preventing violence.  Prison guards were trained to build positive relationships with inmates and to use non-violent means of resolving conflicts. Persons who conducted hearings of asylum seekers were trained on the Istanbul Protocol and on identifying victims of torture.  A Government body had been established that focused on issues of torture and trauma in asylum assessments.

Police and the gendarme were guided by the Criminal Code, which gave them the right to decide whether to handcuff an individual based on the threat that they posed and the flight risk.  Training taught officers how to observe and read situations and to follow technical guidelines.  Handcuffing to a fixed point could only be done when necessary to prevent persons in custody from becoming a danger to themselves or police.  Handcuffing persons lying on their stomach was prohibited in 2021.

Tear gas was not recommended to be used in closed areas such as football stadiums.  There was rigorous training on tear gas, flash-ball launchers and tasers, which could not be used on moving vehicles.  Police were bound to provide immediate assistance to persons struck by these weapons.  Sonar grenades were used to disperse crowds rather than explosive devices. There was post-facto judicial oversight on the use of these devices.

Police could only carry out identity checks if there was a suspicion of illegal or threatening behaviour or an arrest warrant.  Body searches sometimes needed to be carried out during identity checks to check for weapons.  Only officers of the same sex could carry out such searches and there was post-facto judicial oversight.

State agents received ongoing training on the appropriate use of force.  The 2017 law spelled out the rules on the appropriate use of force, respecting the principles of necessity and proportionality. There were 5,300 assaults on police in 2023.  In 2015 and 2016, many police officers had been killed; this number had reduced each year since.

Law enforcement officials’ activity was monitored by plaintiffs, external oversight bodies and superiors.  Members of the public could report illegal behaviour via various channels; some 6,000 complaints had been received in 2024.  Investigations were carried out into all complaints, and prosecutions or administrative actions were taken to respond to failings.  Close to 600 police officers had been sanctioned in 2024. The judiciary imposed proper sanctions for cases of excessive use of force, including imprisonment.  There were 350 cases of excessive use of force in 2021.  In 96 per cent of convictions, perpetrators were imprisoned; the average prison term was 15 months.

Racial and facial profiling were prohibited.  Complaints related to racial profiling and discriminatory identity checks represented only a small percentage of complaints against police.  Officers were required to explain why identity checks were carried out and to wear body cameras when carrying out checks.

Training was provided to prison staff at juvenile detention centres on responding to violent situations.  Prison guards were not allowed to use any form of violence against detainees. Force could only be used when necessary and needed to be proportionate.  Excessive use of force was reported to the judiciary for investigation.  Accused guards could be suspended and their salary withheld.

The rights of irregular migrants were systematically respected in administrative detention centres. People placed in these centres were deemed to be a threat to public order; half of the people in these centres had served prison sentences.  All cases of excessive use of force by officials were subject to judicial oversight.

New Caledonia had been trying to develop its institutional framework.  Some stakeholders had been expressing their discontent with this process, giving rise to protests in spring 2024, in which hundreds of people were injured.  There were 14 deaths, including deaths of two gendarmes.  Hundreds of firearms were fired at police officers, and hundreds of people who participated in the protests were subsequently subjected to prison sentences.  A minister for the overseas territories had since been appointed and would promote a peaceful emancipation process.

All persons’ rights were protected in France, regardless of their cultural and racial heritage.  French authorities paid special attention to the needs and desires of persons living in its overseas territories, including related to health, education and land rights. The legal framework was reconciled with customary laws in Guyana and New Caledonia by customary councils of indigenous peoples.  Authorities supported these bodies and sought to increase their resources.

Deaths of migrants could be attributed to traffickers and businesses that exploited migrants’ suffering.  Some 73 migrants had died in the English Channel.  Law enforcement officials sought to prevent deaths of migrants at sea. When foreign citizens posed threats to the country, they could be extradited.  Appeals to extraditions could be lodged within 24 hours of the decision.  Qualified legal experts represented foreigners that lodged appeals.  The principle of non-refoulement was respected by France in extradition procedures.  Risks of torture and other cruel, inhuman or degrading treatment were taken into consideration by officials at all stages of proceedings. France sought guarantees from receiving countries that extradited persons would not be subjected to torture.

The overall prison occupation rate was 131 per cent as of 2025.  The Ministry of Justice had rolled out a voluntary prison regulation policy.  A 2019 law scrapped prison terms of less than one month, while a 2021 law strengthened mechanisms for early release such as bail.  A 2023 law promoted alternatives to detention, such as house arrests with electronic tags and community service.  There was a programme in place to add 15,000 prison places.  Some 6,500 new places had been created and 17 new detention facilitates had been established thus far.  In 2024, 18 million euros were allocated to renovation and maintenance of overseas prisons.  In Mayotte, Cyclone Chido had caused damage to detention facilities; funds had been allocated to ensure repairs and to reduce overcrowding in these facilities.

French law established strict conditions for the detention of minors.  Minors aged 16 to 18 could only be held in solitary confinement for three to six days, or in single person blocks from five to seven days. Seclusion did not restrict their access to family visits or medical and education services.  The number of suicides in prisons had increased in recent years; it was around 140 in 2024.  The increase was proportionate to the increase in the prison population. An action plan for preventing suicides had been drafted in 2023.  The State had provided over 1,800 prison staff with training on preventing suicide and a hotline had been established to report detainees’ suicide risks.

All detainees were provided with healthcare that was of the same quality of that of the general population free of charge.  Each place of deprivation of liberty had a healthcare clinic.  The State party was encouraging student doctors to carry out internships at prisons, and to try job sharing between hospitals and prison clinics.

All sexual relationships with children aged 14 or younger were considered to be rape.  When persons reported sexual violence by partners, anti-family violence units carried out investigations and judicial action was taken against perpetrators.

There was currently a legal debate raging in France related to the obligation to cooperate with the rulings of the International Criminal Court.  French courts would rule on this issue, reviewing arrest warrant requests and the immunities that applied to officials. 

France trained military staff who were to be deployed overseas on international humanitarian and human rights law, including the prohibition of torture.  Allegations of abuse citing members of the French armed forces were handed over to judicial authorities for investigation.  Constant assessments of human rights protections by French armed forces were conducted in collaboration with the International Committee of the Red Cross.  France applied internationally determined sanctions and embargos on goods that could be used for capital punishment and torture.

A bioethics law was adopted in 2021 and six centres specialised in caring for intersex children had been set up.  Experts made proposals regarding treatment and therapy for intersex children.  The aim was to avoid abusive therapy. Assessments were well received by surgeons and families.

Questions by Committee Experts

JORGE CONTESSE, Committee Expert and Country Co-Rapporteur, asked if France planned to take measures to incorporate the complete prohibition of torture in domestic law and prevent superior orders from being used as a defence for the act. Were superiors held accountable for subordinates’ actions if they were aware of them?  It was striking that France refused to define torture in its legislation or to remove the statute of limitations on it.  Why was this?  Had there been cases in which individuals had sought to lodge torture cases after the statute of limitations had elapsed?

In one case of a killing by police, it seemed that there was there was no immediate threat to officers when they fired on a person.  Had the concept of “imminent threat” intentionally been removed from the 2017 law?  Why had killings by police reportedly increased five-fold since the introduction of the law?  There was a large discrepancy between the number of cases of racial profiling recorded by the State and the number reported by civil society.  Why was this?

Leaders of indigenous independence movements had reportedly been held in seclusion in New Caledonia for more than 300 days.  Was this information credible?  Why had persons who were detained in New Caledonia transferred to the mainland? Did transferred persons consent to such transfers?  Dialogue was needed to advance toward emancipation in New Caledonia.  How did the State party ensure that the best legal experts provided counsel to persons who came before asylum authorities?

The International Criminal Court specified that Heads of State did not enjoy immunity from arrest warrants.  How did France understand its obligations to the Court?

ABDERRAZAK ROUWANE, Committee Expert and Country Co-Rapporteur, said that the dialogue had been fruitful.  The Committee welcomed the recent survey undertaken on hate crimes conducted in 2023, which found that more than three-fifths of these crimes concerned racial discrimination.  The Committee welcomed measures adopted in the national anti-racism plan to eliminate racism; what results had been achieved by the plan?  What follow-up had the State party carried out on the Ombudsperson’s recommendations concerning medical procedures on intersex persons? The Ombudsperson had called for the prohibition of flash-ball launchers; had this been enacted?

Other Committee Experts asked questions on reports of excessive use of physical restraints in psychiatric institutions, monitoring of such institutions, and strategies to increase the number of qualified medical personnel and prevent violence against children in them; measures to ensure that the definition of rape in the Criminal Code was in line with international standards; and steps taken to ensure the safety of lesbian, gay, bisexual, transgender and intersex persons in detention.

Responses by the Delegation

The delegation said the Criminal Code stated that persons were held criminally responsible for carrying out orders that were clearly unlawful.

There was complete withdrawal of parental authority when a parent posed a risk to children. Various judicial bodies collaborated to assess cases of parental abduction and domestic violence.

The 2017 law on internal security specified that weapons could only be used when strictly necessary and after verbal orders were given.  Police considered the imminence of danger when acting.  State figures suggested that there had been a 44 per cent increase in deaths caused by police since the adoption of the 2017 law, not a five-fold increase.

Professional lawyers were appointed to defend asylum seekers.  It was not up to the French Government to give instructions regarding how cases of transfer from New Caledonia to the mainland were handled. The Government had been working to improve detention conditions in New Caledonia.

Full body searches could only be used as a last resort measure.  Searches into cavities were banned.  Training on body searches was provided for prison staff.  Some 48 cases had been brought against prison staff for repeated searches.  There was an awareness raising campaign in place on promoting the rights of lesbian, gay, bisexual, transgender and intersex persons in prison.  Transgender persons were placed in vulnerable wings only as a last resort.  Reports of discrimination or sexual violence against these persons were investigated.

There was administrative, medical and judicial oversight of psychiatric institutions. Reforms that were undertaken in 2021 ensured that authorised institutions had the necessary equipment and resources.  Doctors needed to obtain authorisation to carry out non-consensual medical procedures and there was judicial oversight of such procedures and of hospitalisations.

The law on rape covered non-consensual contact with genitals.  In 2021, the act of ordering rape was considered a crime.

Concluding Remarks

ERDOGAN ISCAN, Committee Vice-Chair and acting Chair for the dialogue, expressed appreciation for the delegation’s active engagement in the constructive dialogue. The multilateral system was facing a political and financial crisis and it was important to reacknowledge the value of the United Nations Charter.  The dialogue was an essential tool for this process.  The Committee’s recommendations would aim to improve the implementation of the Convention in the State party and eliminate obstacles in this regard. It would identify three recommendations for immediate follow-up within a year.

ISABELLE ROME, Ambassador for Human Rights, Ministry for Europe and Foreign Affairs of France and head of the delegation, thanked the Committee for the high-quality dialogue.  The Committee’s painstaking work would inspire the State party in its future endeavours.  France was a living democracy and could only move forward.  The Committee’s recommendations would be closely scrutinised by the State party, including regarding the statute of limitations. The legal reforms implemented by the State party aimed to strengthen the rights of all persons in France, including those in detention.  There was no tolerance for discrimination.  France would continue to promote the Convention and combat torture and other cruel, inhuman or degrading treatment around the world.

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not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.

 

 

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