Torture in  [France]  [other countries]
Human Trafficking in  [France]  [other countries]
Street Children in  [France]  [other countries]
Child Prostitution in  [France]  [other countries]
 

Torture by Police, Forced Disappearance

& Other Ill Treatment

In the early years of the 21st Century                                                                  gvnet.com/torture/France.htm

French Republic (France)

France's leaders remain committed to a capitalism in which they maintain social equity by means of laws, tax policies, and social spending that reduce income disparity and the impact of free markets on public health and welfare.

France's tax burden remains one of the highest in Europe - at nearly 50% of GDP in 2005. With at least 75 million foreign tourists per year, France is the most visited country in the world and maintains the third largest income in the world from tourism.  [The World Factbook, U.S.C.I.A. 2009]

Description: Description: France

CAUTION:  The following links have been culled from the web to illuminate the situation in France.  Some of these links may lead to websites that present allegations that are unsubstantiated or even false.  No attempt has been made to validate their authenticity or to verify their content.

*** ARCHIVES ***

The state of the world's human rights

Amnesty International AI, Annual Report 2013

www.amnesty.org/en/region/france/report-2013

[accessed 21 Jan 2014]

DEATHS IN CUSTODY

Concerns about the promptness, effectiveness and independence of investigations into cases of deaths in police custody remained. Investigations into four long-standing cases of death in custody were closed.

TORTURE AND OTHER ILL-TREATMENT

The Criminal Code continued to lack a definition of torture in line with international standards. There was a lack of prompt, independent, impartial and effective investigations into allegations of ill-treatment by law enforcement officials. On 19 April, the European Committee for the Prevention of Torture called for “zero tolerance” of police ill-treatment and for limiting the use of electro-stun devices.

Conclusions and recommendations of the Committee against Torture

U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment  -- Doc. CAT/C/FRA/CO/3 (2006)

www1.umn.edu/humanrts/cat/observations/france2006.html

[accessed 27 February 2013]

Provisions concerning the custody and treatment of arrested, detained and imprisoned persons

16. The Committee is concerned about the amendments to the Act of 9 March 2004 which, under the special procedure applicable in cases of organized crime and delinquency, delay access to a lawyer until the 72nd hour of police custody. These new provisions are likely to give rise to violations of article 11 of the Convention, since it is during the first few hours after an arrest, particularly when a person is held incommunicado, that the risk of torture is greatest. The Committee is also concerned about the frequent resort to pretrial detention and the duration of such detention (art. 11).

The Committee recommends that the State party should take appropriate legislative measures to guarantee access to a lawyer within the first few hours of police custody, with a view to avoiding any risk of torture, in accordance with article 11 of the Convention. In this connection, the Committee also recommends that the State party should extend to adults the practice of filming minors in police custody. The Committee further recommends that measures should be taken to reduce the length of pretrial detention and its use.

Impartial investigation

20. The Committee continues to be concerned about the system of discretionary prosecution, which gives State prosecutors the option of not prosecuting the perpetrators of acts of torture and ill-treatment in which police officers are implicated, or even of not ordering an investigation, which is clearly contrary to article 12 of the Convention (art. 12).

The Committee reiterates its recommendation (A/53/44, para. 147) that, in order to comply with article 12 of the Convention in letter and in spirit, the State party should consider abrogating the system of discretionary prosecution so as to remove all doubts regarding the obligation of the competent authorities to launch impartial inquiries systematically and on their own initiative in all cases where there are reasonable grounds for believing that an act of torture has been committed in any territory under its jurisdiction, in the spirit of the recommendation of the Human Rights Committee (CCPR/C/79/Add.80, para. 15), which calls on the State party to “take appropriate measures to fully guarantee that all investigations and prosecutions are undertaken in full compliance with the provisions of articles 2, paragraphs 3, 9 and 14 of the Covenant”.

Right of complaint

22. While welcoming the establishment of the National Commission on Security Ethics (CNDS), the Committee is concerned that the Commission cannot accept cases referred to it directly by a person who has been subjected to torture or cruel, inhuman or degrading treatment, but only cases referred to it by a member of Parliament, the Prime Minister or the Children’s Ombudsman (art. 13).

The Committee recommends that the State party should take the necessary measures to allow the CNDS to accept cases referred to it directly by any person who claims to have been subjected to torture or cruel, inhuman or degrading treatment in any territory under its jurisdiction, in accordance with article 13 of the Convention.

Human Rights Reports » 2005 Country Reports on Human Rights Practices

U.S. Dept of State Bureau of Democracy, Human Rights, and Labor, March 8, 2006

www.state.gov/g/drl/rls/hrrpt/2005/61648.htm

[accessed 28 January 2013]

TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT – The law prohibits such practices; however, there were occasional reports that law enforcement officers used excessive force, including during the civil unrest that occurred in October and November. There were reports that security forces abused detainees. Authorities investigated reports of abuse by officials and punished those responsible when the reports were substantiated.

However, an April Amnesty International (AI) report claimed that the government's continued failure to address abuses has led to a climate of effective impunity for law enforcement officials, resulting in a lack of public confidence that law enforcement officials always operate under the rule of law and are held accountable for their actions. In its annual report for 2004 released on April 16, the NCCPSF cited "significant breaches" by those involved in public security and an increase in complaints of police abuse and violence. The number of cases submitted to court increased from 70 in 2003 to 107 in 2004.

The investigation of the February 2004 case of three police officers who allegedly beat and sodomized a driver and a fourth officer who allegedly destroyed evidence was ongoing at year's end.

On July 13, the NCCPSF issued a decision in the April 2004 case of Sukhwinder Singh, an Indian asylum seeker who alleged a police officer beat him and stole his money while apprehending him for illegally operating as a street vendor. The NCCPSF found that the actions of the police officer involved were not only against the code of conduct for security forces but subject to criminal prosecution. The NCCPSF did not present specific recommendations on the case because the officer involved had already been fired and was under criminal investigation.

Two of three Lille police officers who allegedly raped a prostitute in 2003 were released under strict judicial control and charges were dropped against the third. The case had not gone to court by year's end.

All material used herein reproduced under the fair use exception of 17 USC § 107 for noncommercial, nonprofit, and educational use.  PLEASE RESPECT COPYRIGHTS OF COMPONENT ARTICLES. 

Cite this webpage as: Patt, Prof. Martin, "Torture by Police, Forced Disappearance & Other Ill Treatment in the early years of the 21st Century- France", http://gvnet.com/torture/France.htm, [accessed <date>]

 

 

Torture in  [France]  [other countries]
Human Trafficking in  [France]  [other countries]
Street Children in  [France]  [other countries]
Child Prostitution in  [France]  [other countries]