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COMMITTEE AGAINST TORTURE ISSUES CONCLUSIONS AND RECOMMENDATIONS ON REPORT OF MONACO
14 May 2004
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Committee against Torture
MORNING 14 May 2004
The Committee against Torture offered its conclusions and recommendations this morning on the second periodic report of Monaco, noting with satisfaction the absence of any allegations of violations of the Convention against Torture in the country and citing, among other positive aspects, the contribution each year by the State party to the United Nations Fund for Voluntary Contributions for Victims of Torture.
The Committee was concerned about the lack of a definition of torture in the criminal law taking into consideration all the elements in article 1 of the Convention, and the fact that persons in custody were not entitled to a lawyer’s assistance, that the assistance was provided only after the first appearance of the persons before a judge, and that they were allowed to inform the members of their families on the judge’s authorization.
The Committee recommended, among other things, that the State party introduce in its domestic criminal law a definition of torture fully consistent with article 1 of the Convention; ensure monitoring of the treatment and physical conditions of detained foreign nationals condemned by Monegasque jurisdiction to long-term sentences and placed in French penitentiary facilities; and envisage ratifying the optional protocol to the Convention against Torture.
Monaco as one of the States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment must provide the Committee with periodic reports on the measures it has undertaken to implement the provisions of the treaty.
The Committee will reconvene in public session at 3 p.m. this afternoon to issue its conclusions and recommendations on the third periodic report of Croatia.
Conclusions and Recommendations on Second Periodic Report of Monaco
The Committee noted with satisfaction the absence of any allegations of violations of the Convention against Torture by the State party; the process undertaken to join the Council of Europe; the reform of the Criminal Code and the Criminal Code Procedure, in view of harmonizing them with the European norms relating to human rights; and the contribution made each year since 1994 to the United Nations Fund for Voluntary Contributions to Victims of Torture.
The Committee said it was concerned about the lack of a definition of torture in the criminal law taking into consideration all the elements in article 1 of the Convention; the absence of a provision explicitly prohibiting the invocation of exceptional circumstances or the order of a superior or a public authority to justify torture; the weakness of the guarantees surrounding expulsion of a foreigner and refoulement, in the measure where no clause of non-refoulement in conformity with article 3 of the Convention seemed to exist in domestic legislation, and where the recourse to Supreme Court did not have a character of automatic suspension; the reduced area of application of articles 228 and 278 of the Criminal Code, which was not fully responding to the requirements of article 4 of the Convention; the fact that persons in custody were not entitled to a lawyer’s assistance, and the assistance was provided only after the first appearance of the persons before a judge, and that they were allowed to inform the members of their families on the judge’s authorization; the lack of legal provisions on the registration of individuals detained in police custody; and the absence of a mechanism to monitor the treatment and physical conditions of detained foreign nationals condemned by Monegasque jurisdictions to long-term sentences and placed in French penitentiary facilities.
The Committee recommended that the State party introduce in its domestic criminal law a definition of torture fully consistent with article 1 of the Convention; establish a provision prohibiting the invocation of exceptional circumstances or an order of a superior or a public authority to justify torture; respect the principle under article 3 of the Convention, including in the cases of expulsion and refoulement; and give a character of automatic suspension to appeals against the removal decisions invoking the risk of torture in the country of destination. The Committee, noting that expulsion and refoulement were made exclusively to France, recalled that the State party should ensure that no expulsion was made to a third country where there was a risk of torture; and should provide legal guarantees of the rights of all persons deprived of liberty to have access to a lawyer of their choice, and to notify next of kin from the very outset of their custody.
The Committee also recommended that the State party, among other things, regulate the use of registration of all persons in police custody in accordance with relative international instruments, particularly to the principles relating to the protection of all persons subjected to whatever form of detention or imprisonment; ensure monitoring of treatment and the physical detention of prisoners in the French penitentiary facilities; and envisage to ratify the optional protocol to the Convention against Torture.
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MORNING 14 May 2004
The Committee against Torture offered its conclusions and recommendations this morning on the second periodic report of Monaco, noting with satisfaction the absence of any allegations of violations of the Convention against Torture in the country and citing, among other positive aspects, the contribution each year by the State party to the United Nations Fund for Voluntary Contributions for Victims of Torture.
The Committee was concerned about the lack of a definition of torture in the criminal law taking into consideration all the elements in article 1 of the Convention, and the fact that persons in custody were not entitled to a lawyer’s assistance, that the assistance was provided only after the first appearance of the persons before a judge, and that they were allowed to inform the members of their families on the judge’s authorization.
The Committee recommended, among other things, that the State party introduce in its domestic criminal law a definition of torture fully consistent with article 1 of the Convention; ensure monitoring of the treatment and physical conditions of detained foreign nationals condemned by Monegasque jurisdiction to long-term sentences and placed in French penitentiary facilities; and envisage ratifying the optional protocol to the Convention against Torture.
Monaco as one of the States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment must provide the Committee with periodic reports on the measures it has undertaken to implement the provisions of the treaty.
The Committee will reconvene in public session at 3 p.m. this afternoon to issue its conclusions and recommendations on the third periodic report of Croatia.
Conclusions and Recommendations on Second Periodic Report of Monaco
The Committee noted with satisfaction the absence of any allegations of violations of the Convention against Torture by the State party; the process undertaken to join the Council of Europe; the reform of the Criminal Code and the Criminal Code Procedure, in view of harmonizing them with the European norms relating to human rights; and the contribution made each year since 1994 to the United Nations Fund for Voluntary Contributions to Victims of Torture.
The Committee said it was concerned about the lack of a definition of torture in the criminal law taking into consideration all the elements in article 1 of the Convention; the absence of a provision explicitly prohibiting the invocation of exceptional circumstances or the order of a superior or a public authority to justify torture; the weakness of the guarantees surrounding expulsion of a foreigner and refoulement, in the measure where no clause of non-refoulement in conformity with article 3 of the Convention seemed to exist in domestic legislation, and where the recourse to Supreme Court did not have a character of automatic suspension; the reduced area of application of articles 228 and 278 of the Criminal Code, which was not fully responding to the requirements of article 4 of the Convention; the fact that persons in custody were not entitled to a lawyer’s assistance, and the assistance was provided only after the first appearance of the persons before a judge, and that they were allowed to inform the members of their families on the judge’s authorization; the lack of legal provisions on the registration of individuals detained in police custody; and the absence of a mechanism to monitor the treatment and physical conditions of detained foreign nationals condemned by Monegasque jurisdictions to long-term sentences and placed in French penitentiary facilities.
The Committee recommended that the State party introduce in its domestic criminal law a definition of torture fully consistent with article 1 of the Convention; establish a provision prohibiting the invocation of exceptional circumstances or an order of a superior or a public authority to justify torture; respect the principle under article 3 of the Convention, including in the cases of expulsion and refoulement; and give a character of automatic suspension to appeals against the removal decisions invoking the risk of torture in the country of destination. The Committee, noting that expulsion and refoulement were made exclusively to France, recalled that the State party should ensure that no expulsion was made to a third country where there was a risk of torture; and should provide legal guarantees of the rights of all persons deprived of liberty to have access to a lawyer of their choice, and to notify next of kin from the very outset of their custody.
The Committee also recommended that the State party, among other things, regulate the use of registration of all persons in police custody in accordance with relative international instruments, particularly to the principles relating to the protection of all persons subjected to whatever form of detention or imprisonment; ensure monitoring of treatment and the physical detention of prisoners in the French penitentiary facilities; and envisage to ratify the optional protocol to the Convention against Torture.
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